Regimathew vs T.J.George on 14 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 605 of 1999()



1. REGIMATHEW
                      ...  Petitioner

                        Vs

1. T.J.GEORGE
                       ...       Respondent

                For Petitioner  :SRI.T.KURIAKOSE PETER

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY

 Dated :14/02/2007

 O R D E R

J.B.KOSHY, J.

———————–

Crl. Appeal No.605 of 1999

———————–

Dated this the 14th day of February, 2007

Judgment

This appeal is filed against an order of acquittal

in a complaint under section 138 of the Negotiable

Instruments Act. Notice was ordered as early as on

9.9.1999. First notice issued in 1999 was returned as no

such addressee is available. Without service of notice to

the accused, an order of acquittal cannot be interfered

with. No effective steps are taken to cure the defect so

far. Acquittal of the accused for the absence of the

complainant under section 256 (1) of the Code of Criminal

Procedure cannot be termed as illegal. Hence, appeal is

dismissed.

J.B. KOSHY

(JUDGE)

vaa

Crl.A.No. /99 2

J.B.Koshy J.

———————–

Crl. A. No.605 of 1999

———————–

Judgment

14-2-2007