IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1853 of 2007()
1. MUHAMMED NISSAM,
... Petitioner
Vs
1. K.D. DAYAL,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.M.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :28/08/2008
O R D E R
V. GIRI, J.
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Criminal Appeal No.1853 OF 2007 (C)
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Dated this the 28th day of August, 2008
J U D G M E N T
The complainant in C.C.39/2003 on the files of
the Additional Chief Judicial Magistrate,
Thiruvananthapuram is the appellant herein. The
complaint was filed under Section 138 of Negotiable
Instruments Act.
2. According to the complainant, since he was
working at Dubai he could not present on many of the
posting dates and exemption applications were filed on
his behalf. On 28-2-2003, the case was transferred to
L.P.Register and subsequently, renumbered as
C.C.39/2003. Apparently, the case was posted to 25-1-
2006. According to the appellant, he had no notice. The
court below proceeded to acquit the accused on 31-1-
2006.
Crl.Appeal 1853/2007
– 2 –
3. Having perused the records, I am satisfied
that there is consistent default on the part of the
complainant in prosecuting the complaint. The learned
Magistrate was justified in acquitting the accused
under Section 256(1) of Cr.P.C.
In the result, the appeal is bereft of merit and
hence, dismissed.
V. GIRI, JUDGE
skr