IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 CRL.A.No. 533 of 2000 CC.762/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... APPELLANT/COMPLAINANT: K.G.RAMAKRISHNAN THUNDIPARAMBU, C.C.14/1875 HULLIKKAL, KOCHI-5 BY ADV. SRI.C.S.ULLAS SMT.MINI JOHN PAREMALIL RESPONDENTS/ACCUSED & STATE: 1. P.A.MANAF C.C.1/1558, THAMARAPARAMBU FORT KOCHI, KOCHI-1 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.M.NAZAR SRI.SAJAN MANNALI SMT.K.INDU (POURNAMI) THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No.533 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January 2008 JUDGMENT Learned counsel for the appellant has brought to my notice that in Crl.A.No.534/00 against C.C.No.186/99 which was tried along with the case involved in this appeal, this court had remitted the case back to the trial court for fresh disposal after setting aside the order of acquittal. This court in the above case had taken the view that from the materials available on record it could not be seen that the accused had rebutted the presumption against him under Section 139 of the Act. Further, the reason stated above in supra, I am satisfied that no interference is warranted with the order. Moreover, learned counsel was not in a position to inform the court whether or not the court below had already disposed of the matter after the remit. Judgment in Criminal Appeal was pronounced in August 2004 and the direction to the trial court was to dispose of the matter within four months. So under normal circumstances, the said case must have already been disposed of. Therefore, this appeal is closed. (A.K.BASHEER, JUDGE) jes 2 A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No.533 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Dated 4th Jan. 2008