IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 25TH OCTOBER, 2011 / 3RD KARTHIKA, 1933 CRL.A.No. 817 of 2008 ------------------------------ (LEAVE GRANTED AS PER ORDER IN CRLP.66/2008 Dated 28/01/2008 AGAINST THE ORDER IN ST.171/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR) .................... APPELLANT(S)/COMPLAINANT: --------------------- POOVALAPPIL ARSHAD SALEEM, S.O.AHAMMED, POOVALAPPIL HOUSE, ERANHIMANGADU P.O., NILAMBUR AMSOM DESOM, NILAMBUR TALUK, BY ADV. SRI.K.P.MUJEEB RESPONDENTS(S)/ACCUSED: ------------------------- 1. MUSTHAFA.M.,S/O.MUHAMMED, MELETHIL HOUSE,VADAPURAM P.O., MAMPAD AMSOM DESOM, NILAMBUR TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.LALIZA. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A.No. 817 of 2008 ---------------------------------------- Dated this the 25th day of October, 2011 J U D G M E N T Though the above appeal is posted today in the defect list, on the basis of an order passed by this Court on 19.10.2011, on which date also there was no representation, neither the appellant nor his counsel is present and the defect noted by the Registry continues. The above appeal is preferred challenging the acquittal of the accused under Section 138 of the Negotiable Instruments Act,1881 (for short 'the N.I.Act') upon a complaint preferred by the appellant. The facts stated above would show the negligence on the part of the appellant in prosecuting the matter and therefore, this appeal is dismissed for non-prosecution. sd/- V.K.MOHANAN, Judge MBS/ CRL.A.NO. :-2-: V.K.MOHANAN, J. CRL.A.No. 796 OF 2003 CRL.A.NO. :-3-: JUDGMENT Dated:4.10.2011