IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 CRL.A.No. 1826 of 2003() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.443/2003 Dated 08/10/2003 CC.258/2001 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT: COMPLAINANT ---------------------- A.V.RAJESH T.C.27/1368, CHIRAKKULAM, STATUTE, THIRUVANANTHAPURAM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, V.SUNDERESAN NAIR, PUTHEN VEEDU, CHENNILODE, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM -29. BY ADV. SRI.M.BALAGOVINDAN SRI.P.M.JOSEPH RESPONDENTS: ACCUSED & STATE ---------------------------- 1. DR.REKHA KHAN, RESIDING AT 'REKHAS', HOUSING BOARD BUILDING, KALPAKA NAGAR, CHAKKAI, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------- Crl.A.No.1826 of 2003 ------------------------------------------- Dated this the 27th day of February, 2008 JUDGMENT Notice to the respondent ordered on 26.9.2007 had not been issued as the appellant had not taken steps. Today when the matter came up in the defect list, it was ordered that he will be allowed two weeks’ time to file affidavit swearing to the present, correct and complete address of the first respondent and take steps in that address by speed post with acknowledgment due, in case he deposits an amount of Rs.500/- to the credit of KELSA by 1 p.m. today and produces receipt and the case was posted for reporting compliance at 1.45 p.m. The case was taken up at 1.45 p.m. and at 2 p.m. Report is that cost is not deposited and receipt is not produced. The counsel for the appellant is absent and there is no representation even on his behalf. In the result, I dismiss this criminal appeal for non- prosecution. K.P.BALACHANDRAN, JUDGE csl