IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 CRL.A.No. 389 of 2008() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.1104/2007 Dated 22/10/2007 CC.260/1999 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT(S): COMPLAINANT ------------------------- P.R.RAJALAKSHMI, PROPRIETOR, M/S AKSHARA OFFSET, T.C.25/3231, JYOTHISH, THOPPIL LANE, NEAR G.P.O.(OLD), THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): STATE/ACCUSED ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.C.ABRAHAM, M/S. NATIONAL EDUCATION AND RESEARCH CENTRE, T.C.5/2505, THIPPOTTUKUNNAM HOUSE, BHAGAVATI LANE, GOLF LINKS ROAD, TAWAHAR NAGAR P.O., FROM T.C.25/1040, THYCADU P.O., THIRUVANANTHAPURAM. BY ADV.SMT.LALIZA T.Y., PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------- Crl.A.No.389 of 2008 ------------------------------- Dated this the 13th day of December, 2011. J U D G M E N T The above appeal is preferred by the complainant in a prosecution for an offence punishable under Section 138 of Negotiable Instruments Act, challenging the order dated 25.10.2002 of the court of Additional Chief Judicial Magistrate-Thiruvananthapuram, in C.C.No.260 of 1999, by which the learned Magistrate acquitted the accused under Section 256(1) of Cr.P.C., since the complainant has not turned up to give evidence, though it was positively posted for the same. 2. Though the appeal pertained to the year 2008, the same is in the defect list, since the process is not served on the respondent. However, on 18.8.2011, though the case was listed in the defect list, there was no representation and hence this Court suo motu adjourned the case and ordered to post the same after 10 days, if the defect was not cured 2 Crl.A.No.389 of 2008 in the meanwhile. Thus the matter stands posted today in the defect list. Today also there is no representation. The above conduct of the appellant shows that she is not interested in prosecuting the matter. Therefore, this appeal is dismissed for non prosecution. V.K.MOHANAN, Judge ami/