IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 CRL.A.No. 915 of 2007 ------------------------------ (Leave granted as per order dtd.13.2.2007 in Crl.L.P.No.96 of 2007) ( CC.2249/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KOLLAM) .................... APPELLANT(S): PETITIONER ------------------------ RADHABHAI, AGED 56 YEARS, D/O.KUNJUKUNJU, SAJI BHAVAN, INCHAVILA P.O., PERINADU, KOLLAM. BY ADV. SRI.JOY THATTIL ITTOOP RESPONDENTS(S): COMPLAINANT AND STATE --------------------------- 1. S.SURESH, S/O.SIVASANKARA PILLAI, VAYAKKAL THEKKATHIL, NEAR MANIYAZHETHUMUKKU, MEENATHU CHERRY, KAVANADU P.O., KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A.No. 915 of 2007 ---------------------------------------- Dated this the 17th day of August, 2011 J U D G M E N T When the above appeal was admitted on 4.6.2007, notice was issued, which was sent to the respondents through the C.I.of Police, Kollam East Police Station, but the same is returned as unserved stating that first respondent sold the house and had gone to Thiruvananthapuram. Therefore, this Court, by order dated 11.6.2009, issued fresh notice to R1. It is thereafter reported that process is not received in the Section. The Registry, subsequently, reported that process is not seen filed and thus, the matter has been posted in the defect list on 11.7.2011, on which date the counsel sought two weeks time to cure the defect and accordingly, time was granted and the case was adjourned to a date after two weeks. On 27.7.2011, the counsel again sought one week time to cure the defect and that submission was also considered and one week time granted and ordered to post the matter after ten days, if the defect is not cured. CRL.A.NO.915 of 2007 :-2-: Today, there is no representation and the defect noted by the Registry has not been cured so far. From the above approach of the appellant, it can be seen that he is not interested in prosecuting the appeal in which the challenge is against the order of acquittal recorded under Section 256(1) of the Cr.P.C. in a prosecution for the offence under Section 138 of the N.I.Act. Accordingly, this Criminal Appeal is dismissed for non- prosecution. V.K.MOHANAN, Judge MBS/ CRL.A.NO.915 of 2007 :-3-: V.K.MOHANAN, J. CRL.A.No. OF 20 CRL.A.NO.915 of 2007 :-4-: JUDGMENT Dated:2. ..2011