IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 CRL.A.No. 8 of 2005(A) ---------------------- CC.143/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II (MOBILE), ALAPPUZHA AGAINST THE JUDGEMENT/ORDER IN CRLP.724/2004 Dated 07/12/2004 .................... APPELLANT(S): COMPLAINANT ------------------------- K.RAJESH, AGED 35 YEARS, S/O. KUMARAN, KUTTIPURATH VEEDU, THUMPOLI, ALAPPUZHA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): ACCUSED ---------------------- 1. M.M.GHASALI, AGED 52 YEARS, S/O. MUHAMMED ISMAIL, BISMILLAH EXPORTS, CIVIL STATION WARD, ALAPPUZHA. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY ADV.SMT.LOWSY A., PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ V.K.MOHANAN, J. ------------------------------- Crl.A.No.8 of 2005 ------------------------------- Dated this the 11th day of November, 2011. J U D G M E N T This Court on 9.11.2011 suo moto adjourned the case to this date, as there was no representation for the appellant. Though the appeal is posted in the defect list, which is pertaining to the year 2005, today also there is no representation in the above appeal. The above conduct of the appellant would show that he is not interested in prosecuting this appeal, where the impugned order is issued under Section 256(1) of Cr.P.C. by the trial court in a prosecution for an offence punishable under Section 138 of Negotiable Instruments Act. Accordingly, this appeal is dismissed for non prosecution. V.K.MOHANAN, Judge ami/