IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 CRL.A.No. 898 of 2007() ----------------------- CRLP.288/2007 Dated 25/05/2007 CC.815/2004 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... APPELLANT: COMPLAINANT ------------------------- SANTHOSH, S/O PADMANABHAN, MAZHUVINMEL HOUSE, PADINJAREKKARA, VADAYAR P.O., TALAYOLAPARAMBU. BY ADV. SRI.DILIP MOHAN SRI.N.HARI MOHAN RESPONDENT: STATE/ACCUSED ---------------------------- 1. VIJAYAN, PACHAPALLIL HOUSE, TALAYOLAPARAMBU P.O, VAIKOM. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY P.P. SRI P.A. SALIM THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A No.898 of 2007 ---------------------------------------- Dated the 11th day of August, 2011 JUDGMENT The above appeal is preferred against the order of acquittal recorded by the learned Magistrate in a prosecution, for the offence under section 138 of the Negotiable Instruments Act, which launched at the instance of the appellant/complainant. 2. When the above appeal came up for consideration, this court by order dated 4.6.2007, admitted the appeal and issued notice. Though notice was sent , the same was returned as unserved showing that the address of the Ist respondent is wrong, no step is taken thereafter. Thus the registry posted the appeal in the defect list on 21.7.2011, on which date, there was no representation and the defect was not cured. Therefore, this court suo motu adjourned the case with the following order: “post next week if the defect is not cured”. Thus the matter , though listed today , today also there is no representation. From the above conduct of the appellant, it CRA NO.898/07 2 can be seen that the appellant is not interested in prosecuting the matter. In the result, this appeal is dismissed for non prosecution. V.K.MOHANAN, JUDGE kvm/- CRA NO.898/07 3