Simple Securities vs D.L.Walton
2024 Latest Caselaw 29480 Ker

Kerala High Court

Simple Securities vs D.L.Walton on 17 October, 2024

CRL.A NO. 421 OF 2008

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                                                            2024:KER:77381
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
                        TH
         THURSDAY, THE 17 DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
                          CRL.A NO. 421 OF 2008
      AGAINST THE JUDGMENT DATED 19.06.2002 IN CC NO.207 OF 1994 OF
CHIEF JUDICIAL MAGISTRATE ,THRISSUR - LEAVE TO APPEAL GRANTED AS PER THE
ORDER DATED 14.11.2007 IN CRL.L.P. NO. 1172 OF 2007
APPELLANT/COMPLAINANT:

            SIMPLE SECURITIES
            GURUVAYUR ROAD, KUNNAMKULAM, REPRESENTED BY, MANAGING
            PARTNER, VINU P.GEORGE.

            BY ADV SRI.D.KRISHNA PRASAD

RESPONDENTS/ACCUSED 5 AND 7, AND STATE:

     1      D.L.WALTON
            1/662, KATHREEN HALL, QUERIOUS STREET,, FORT KOCHI-682 001.

     2      MEENA LAZAR WO. ITTICHAN
            OIRATHUKARAN HOUSE, MAIN ROAD,CHANGAZHIKULANGARA,, EAST
            FORT, THRISSUR-680 005.

     3      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR.


            BY ADVS.
            SRI.C.A.CHACKO
            SMT.P.MAYA
            SRI.P.VIJAYA BHANU


OTHER PRESENT:

            pp sri ashi m c

      THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 421 OF 2008

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                                                         2024:KER:77381




                             JUDGMENT

This appeal is at the instance of the complainant in

C.C.No. 207 of 1994 on the file of Chief Judicial Magistrate

Court, Thrissur, against acquittal of A5 under Section 248 (1) of

Cr.P.C., of the offences punishable under Section 138 of the

Negotiable Instruments Act and Section 420 r/w Section 34 of

IPC, and against acquittal of A7 of the offence alleged under

Section 420 r/w Section 34 of IPC, in a complaint case filed by

him under Section 138 of the Negotiable Instruments Act and

Section 420 r/w Section 34 of IPC as per judgment dated

19.06.2002.

2. There was no representation for the 2nd respondent

continuously, and so, the appellant was directed to take steps

against the 2nd respondent. But so far, no steps are seen

taken.

CRL.A NO. 421 OF 2008

2024:KER:77381

3. Today, when the appeal came up for consideration,

learned counsel for the appellant submitted that, the appellant

is not interested in prosecuting this appeal, and that is why no

steps were taken against the 2nd respondent.

Hence the appeal is dismissed for non-prosecution.

Sd/-

SOPHY THOMAS JUDGE RMV