IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 CRL.A.No. 2127 of 2006() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.393/2006 Dated 04/08/2006 CC.619/2000 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... APPELLANT(S): COMPLAINANT: -------------------------- M/S.DESAI BROTHERS, A REGISTERD FIRM, B.P.O. LINK ROAD, ERNAKULAM, KOCHI-682 031, REP. BY ITS POWER OF ATTORNEY AND ACCOUNTANT, MR.MOHAN KUMAR, S/O.SADANANDA KAMMATH, 14/233, SRAMBICAL ROAD, KARUVELIPADY, KOCHI-5. BY ADV. SRI.JOSEPH J.THAYAMKERIL SRI.JERIN JACOB RESPONDENT(S): ACCUSED: ----------------------- 1. MR.K.S. PUSHPAKARAN, S/O.SANKARAN, AGED 54 YEARS, M/S.BABU BOOK BINDING, IV/276, KANACHOTT HOUSE, KOORKAPARA, ARTHAT P.O., KUNNAMKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.A.No.2127 of 2006 ------------------------------------ Dated this the 18th day of August, 2011 JUDGMENT The complainant in a prosecution for the offence u/s. 138 of the NI Act is the appellant, as he is aggrieved by the judgment dated 4.4.2006 in CC No.619/2000 of the court of Judicial First Class Magistrate-II, Ernakulam by which the learned Magistrate acquitted the accused u/s.255(1) of Cr.P.C. Initially by order dated 4.8.2006, this Court granted leave as per the order in L.P.No.393/2006. Subsequently, the appeal came up for admission on 13.11.2006 on which date, the same was admitted and ordered notice. Subsequently, the registry has noted that no process memo is received in the Section till 5.7.2011 and accordingly, the case is listed in the defect list on 2.8.2011. There was no representation on 2.8.2011 and therefore, this Court suo-motu adjourned the case and post after 10 days as last chance. Thus, it came up for consideration today, but today also there is no representation. From the above conduct of the appellant, it can be seen that he is not interested in prosecuting the appeal. Crl.A.No.2127 of 2006 2 In the result, the appeal is dismissed for non prosecution. V.K.MOHANAN, JUDGE pm/