IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 CRL.A.No.469 of 2002 (B) ------------------------------ ST.9/2001 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM. .................... APPELLANT: COMPLAINANT -------------------------------- M/S.INTEGRATED FINANCE COMPANY, REPRESENTED BY P.PREM KUMAR, RECOVERY EXECUTIVE, M/S.INTEGRATED FINANCE COMPANY LTD., THIRUVANANTHAPURAM BRANCH, KARIMPANAL STATUE AVENUE, STATUE, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: STATE & ACCUSED ----------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. REMESH K.,PANAVILAKATHU VEEDU, NCC ROAD, PEROORKADA, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.THOMAS JOHN AMBOOKAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.469 of 2002 ------------------------------------------------ Dated this the 7th day of March, 2008 JUDGMENT This appeal filed on 16/01/02 was admitted and notice was ordered on 15/07/02. Process was not paid for notice being issued to the respondent. Hence, it was posted in the defect list and on 22/08/07, this Court ordered that two days' time will be granted to take steps and cure the defect. Thereafter also nothing has been done in the case till date and the case stands posted in the defect list. I do not see any reason why any further opportunity has to be afforded to the appellant to have this appeal prosecuted. It is also seen that the appeal is one filed assailing the order of acquittal of the second respondent under Section 256(1) Cr.P.C. of offence punishable under Section 138 of the N.I. Act for the reason that despite repeated Crl. Appeal No.469 of 2002 -2- directions the complainant was absent and was not doing anything for the progress of the case. Thus, there is no merit at all in this appeal and this appeal is dismissed. K.P.BALACHANDRAN, JUDGE kns/-