IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CRL.A NO. 1298 OF 2007
SPECIAL LEAVE GRANTED IN CRL.LEAVE PETITION NO.404/07 ON
26/06/07 TO PREFER APPEAL AGAINST THE ORDER IN
S.T.NO.393/04 ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, KOCHI
APPELLANT/COMPLAINANT:
K.BALAKRISHNAN
S/O.RAMAN NAIR, AGED 54 YEARS,
MADATHIL PARAMBIL HOUSE, KOTHENELLOOR P.O.,,
KOTTAYAM.
BY ADV SRI.ABRAHAM JOHN
RESPONDENT/ACCUSED & STATE:
1 P.A.SADHASIVAN
PUTHENKULAKKAL HOUSE, MUHAMMA P.O., KAYIPURAM.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
BY ADVS.
SRI.N.RATHEESH
SMT.SUMA RATHEESH
SMT.MAYA M.N- P.P
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
Crl.Appeal No.1298 of 2007
P.G. AJITHKUMAR, J.
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Crl.Appeal No. 1298 of 2007
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Dated this the 14th day of June, 2022
JUDGMENT
This is an appeal filed under Section 378 of the Code of Criminal Procedure, 1973. The complainant in S.T.No.393 of 2004 before the Judicial First Class Magistrate Court -III, Kochi is the appellant. The respondent-accused was acquitted after trial by the learned Magistrate as per judgment dated 26.03.2007 in the complaint filed alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
When this matter is taken up today, the learned counsel appearing for the appellant would submit that the respondent died and therefore there is no need for proceeding with the matter any further.
Since the respondent accused is no more, the charge gets abated. Recording the submission of the learned counsel for the appellant, the appeal is closed.
Sd/-
P.G. AJITHKUMAR JUDGE PV