IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 CRL.A.No. 1482 of 2008 ------------------------------- (LEAVE GRANTED AS PER THE ORDER IN CRLP.644/2008 Dated 10/07/2008) (AGAINST THE ORDER IN SC.2758/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR) .................... APPELLANT(S): COMPLAINANT --------------------- K.P.ABDUL GAFFOOR, "SHUHAIBAS", THANA, KANNUR - 670 012. BY ADV. SRI.C.K.SREEJITH RESPONDENTS(S): ACCUSED ------------------------- 1. P.K.ABDURAHIMAN KUTTY, SHAMAL TIMBERS, KANNUR CITY, KANNUR - 670 003. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A.No. 1482 of 2008 ---------------------------------------- Dated this the 4th day of August, 2011 J U D G M E N T No representation for the appellant. 2. This appeal is preferred challenging the order dated 25.10.2003 in S.T.C.No.2758/2002 of the Judicial First Class Magistrate Court-I, Kannur by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C., in a case instituted upon a complaint preferred by the appellant for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act'). 3. Against the above order of acquittal, for the purpose of filing the appeal, the appellant/complainant initially approached this Court by filing Crl.L.P.No.644 of 2008 seeking special leave of this Court under Section 378(4) of the Cr.P.C. But, this Court, by a detailed order dated 29.1.2009 in Crl.L.P.No.644 of 2008 declined the request for special leave. CRL.A.NO.1482 of 2008 :-2-: 4. Thus, the present appeal is filed without obtaining special leave under Section 378(4) of the Cr.P.C., though the challenge is against the acquittal recorded by the trial court under Section 256(1) of the Cr.P.C. as per the very same order, referred above. As the appellant has failed to obtain special leave from this Court, this appeal is not maintainable and in the light of the findings of this Court in Crl.L.P.No.644 of 2008, the appellant/complainant has no case on merit also. In the result, this Criminal Appeal is dismissed. V.K.MOHANAN, Judge MBS/ CRL.A.NO.1482 of 2008 :-3-: V.K.MOHANAN, J. CRL.R.P.No. 69 OF 2001 CRL.A.NO.1482 of 2008 :-4-: ORDER Dated:23.6.2011