IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 CRL.A.No. 1853 of 2007() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.670/2007 CC.39/2003 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM APPELLANT: COMPLAINANT: ----------------------- MUHAMMED NISSAM, RESIDING AT SHIFA, TC.27/1443-1, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ACCUSED & STATE: ----------------------------- 1. K.D. DAYAL, K.P.NO.491, ORUVATHILKOTTA, PETTAH, THIRUVANANTHAPURAM, SENIOR CORRESPONDENT, KERALA KAUMUDI, CHANDRIKA BUILDINGS, M.G.ROAD, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ----------------------------------------------- Criminal Appeal No.1853 OF 2007 (C) ----------------------------------------------- Dated this the 28th day of August, 2008 J U D G M E N T The complainant in C.C.39/2003 on the files of the Additional Chief Judicial Magistrate, Thiruvananthapuram is the appellant herein. The complaint was filed under Section 138 of Negotiable Instruments Act. 2. According to the complainant, since he was working at Dubai he could not present on many of the posting dates and exemption applications were filed on his behalf. On 28-2-2003, the case was transferred to L.P.Register and subsequently, renumbered as C.C.39/2003. Apparently, the case was posted to 25-1- 2006. According to the appellant, he had no notice. The court below proceeded to acquit the accused on 31-1- 2006. Crl.Appeal 1853/2007 - 2 - 3. Having perused the records, I am satisfied that there is consistent default on the part of the complainant in prosecuting the complaint. The learned Magistrate was justified in acquitting the accused under Section 256(1) of Cr.P.C. In the result, the appeal is bereft of merit and hence, dismissed. V. GIRI, JUDGE skr