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. 1755 of 2007 ------------------------------- (LEAVE GRANTED AS PER THE ORDER DTD.20.9.2007 IN CRL.L.P.NO.817 OF 2007) (AGAINST THE ORDER IN CRA.264/1999 of ADDL. SESSIONS COURT, ALAPPUZHA AGAINST THE ORDER IN C.C.NO.272/1996 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHERTHALA) .................... APPELLANT(S): 1ST RESPONDENT/COMPLAINANT: ---------------------- K.N. PRABHA, KONNOTH VELIYIL HOUSE IN WARD NO.14, CHERTHALA MUNICIPALITY, MARUTHORVATTOM P.O., CHERTHALA. BY ADV. SRI.THOMAS JOSEPH RESPONDENTS(S): APPELLANT/ACCUSED: --------------------------- 1. D. RADHAKRISHNA PANICKER, IDAVANA NIKARTHIL, CHERTHALA EAST MURI, KOKKOTHAMANGALAM, CHERTHALA. 2. STATE OF KERALA, REP.BY THE 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. 1755 of 2007 ---------------------------------------- Dated this the 4th day of August, 2011 J U D G M E N T The above appeal is filed challenging the judgment dated 23.4.2001 in Crl.A.No.264 of 1999 of the court of Additional Sessions Judge, Alappuzha, by which the learned Sessions Judge allowed the said appeal and set aside the conviction and sentence imposed against the appellant, who is an accused in a prosecution launched at the instance of the appellant for the offence under Section 138 of the Negotiable Instruments Act,1881 (for short 'the N.I.Act'). 2. Before filing the present appeal, a petition under Section 378(4) of Cr.P.C. is filed for leave and there was a delay of 20 days and the said delay was condoned and thereafter, leave was granted by order dated 20.9.2007 in Crl.L.P.No.817 of 2007. Thereafter, the appeal is numbered and notice was ordered in the appeal on 15.10.2007. The Registry has reported on 30.6.2011 that the process was not seen filed and thereafter, on 6.7.2011, the Registry has again CRL.A.NO.1755 of 2007 :-2-: reported that the process was not paid and the matter is to be posted before the Bench. Accordingly, when the above appeal is posted in the defect list on 11.7.2011, there was no representation. Hence, this Court suo motu adjourned the matter to 19.7.2011, on which date also, there was no representation. Again, this Court suo motu adjourned the matter from 19.7.2011 to this date. Today also, there is no representation. The above facts and approach of the appellant and his counsel show that they are not interested in prosecuting the appeal of which the leave petition was filed during the year 2001 against the acquittal of the accused for the offence under Section 138 of the N.I.Act. In the result, this Criminal Appeal is dismissed for non- prosecution. V.K.MOHANAN, Judge MBS/ CRL.A.NO.1755 of 2007 :-3-: V.K.MOHANAN, J. CRL.A.No. 1755 OF 2007 J U D G M E N T Dated:4.8.2011 CRL.A.NO.1755 of 2007 :-4-: