IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 CRL.A.No. 1977 of 2003() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.360/2003 Dated 17/09/2003 ST.5085/1995 of JUDL. MAGISTRATE OF FIRST CLASS-II, KOZHIKODE .................... APPELLANT/COMPLAINANT: --------------------------------- V. ALIKUTTY, S/O. ALI MAMMAD, VELLANCHERI HOUSE, ERNAD, VAZHAKKADU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS/ACCUSED & STATE: ----------------------------------------- 1. ARUMUGHAN, S/O. AYYAPPAN, PAZHAYAKANDATHIL HOUSE, PARAPPANANGADI, MALAPPURAM DISTRICT, NOW RESIDING AT DATHAYIL HOUSE, ST.THOMAS CHURCH ROAD, OOTTY, TAMIL NADU. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER,J ========================= Crl.Appeal.No.1977 of 2003 ========================== Dated this the 8th day of April, 2008 JUDGMENT This appeal is at the instance of the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. He impugns the order of acquittal passed by the court below under Section 255(1) of the Code of Criminal Procedure. The notice issued to the respondent/accused was returned with endorsement “expired”. When this case came up for further consideration on October 23,2007, the appellant was directed to take steps. But till today no steps have been taken. Therefore, the appeal is dismissed for non prosecution. A.K.BASHEER,JUDGE dvs