IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 CRL.A.No.1103 of 2002(D) ------------------------------- CC.323/1998 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... APPELLANT: COMPLAINANT: ----------------------- SURYA CONSTRUCTIONS, VYTTILA, COCHIN-682 019, REPRESENTED BY ITS MG.PARTNER, MR.MATHEW KALARICKAL. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENTS: ACCUSED/STATE: --------------------------------------- 1. BABY MATHEW, MANAGING PARTNER, M/S. THOTTUNKAL CORPORATION, CHITTOOR ROAD, VALANJAMBALAM, COCHIN-682 016. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.1103 of 2002 ------------------------------------------------ Dated this the 31st day of January, 2008 JUDGMENT In this appeal which was admitted and notice ordered on 19/12/02, steps are not taken yet for notice to R1. Hence, notice was not issued. When this was pointed out, counsel for the appellant submits that this appeal is not desired to be prosecuted as the matter has been settled out of court and that therefore, the appeal be dismissed. In the result, I dismiss this Criminal Appeal. K.P.BALACHANDRAN, JUDGE kns/-