K.Balakrishnan vs P.A.Sadhasivan
2022 Latest Caselaw 6940 Ker

           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.
     -----------------------------------------------------------
                  Crl.Appeal No. 1298 of 2007
     -----------------------------------------------------------
             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