IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 CRL.A.No. 30 of 2002() ---------------------- CC.42/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... APPELLANT: -------------- P.J.JOY,S/O.JOSEPH, POTHADY HOUSE, CEMETERY JUNCTION,KOCHI-18 BY ADV. SRI.ABRAHAM JOHN RESPONDENTS: ------------------ 1. M/S,CHECKMATE RESORTS, THIRUMULLAVARANA BEACH,KOLLAM,REPRESENTED BY G.GIRI. 2. G.GIRI,CHIEF EXECUTOR,DO.DO. 3. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, ALONG WITH CRL.A NO.39 OF 2002 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal Nos.30 and 39 of 2002 ------------------------------------------------ Dated this the 28th day of February, 2008 JUDGMENT The appellant and the respondents are the same in both these appeals. These appeals were presented on 21/12/01. Though these appeals were admitted and notice was ordered respectively on 20/02/02 and 18/03/02, no step was taken for notice being issued to the respondents. Hence, the cases were posted in the defect list on 27/07/07. On that day a learned Judge of this Court ordered notice being issued to respondents by speed post and posted the case to 24/08/07. Thereafter also no notice could be issued as steps were not taken. In the circumstances, there is no reason why this Court is to retain these appeals on file. In the result, I dismiss both these Criminal Appeals for non-prosecution. K.P.BALACHANDRAN, JUDGE kns/-