P.C.Chacko vs Olikkal Shaji
2024 Latest Caselaw 29952 Ker

Kerala High Court

P.C.Chacko vs Olikkal Shaji on 22 October, 2024

CRL.A NO. 1772 OF 2007

                                1


                                                    2024:KER:78706


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
                       CRL.A NO. 1772 OF 2007
      AGAINST THE JUDGMENT DATED 20.07.2007 IN STC NO.4385 OF 2004
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
APPELLANT/COMPLAINANT:

          P.C.CHACKO, 58 YEARS
          S/O.CHACKO, KANARAMVAYAL, EDAKKOM,, TALIPARAMBA, KANNUR
          DISTRICT.

          BY ADVS.
          SRI.M.SASINDRAN
          SRI.K.P.HARISH


RESPONDENT/ACCUSED:

    1     OLIKKAL SHAJI
          S/O.SEBASTIAN, KANARAMVAYAL,, EDAKKOM POST, KANNUR
          DISTRICT.
    2     STATE OF KERALA REPRESENTED BY
          PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.

          BY ADVS.
          SRI.K.N.ABHILASH
          SRI.SUNIL NAIR PALAKKAT


OTHER PRESENT:

          PP-SRI.M.C.ASHI

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION           ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 1772 OF 2007

                                   2


                                                       2024:KER:78706


                         J U D G M E N T

This appeal is at the instance of the complainant in ST

No. 4385 of 2004 on the file of Judicial First Class Magistrate

Court, Taliparamba against acquittal of the accused in a

complaint filed by him under Section 138 of the NI Act, as per

judgment dated 20.07.2007.

2. On 30.09.2024, when the appeal was taken up for

consideration, learned counsel for the appellant submitted that,

he has no instructions from the appellant, and learned counsel

for the 1st respondent/accused submitted that the appellant is no

more. In order to verify that fact, notice was issued to the

appellant through District Police Chief, Kannur.

3. Today, when the appeal is taken up for consideration,

report from SHO, Pariyaram Medical College police station, is

placed on board stating that, the appellant passed away on

21.07.2017. Copy of his death certificate also is produced to

substantiate that fact.

CRL.A NO. 1772 OF 2007

2024:KER:78706

4. Since the appellant is no more, and no legal

representatives have come up to prosecute this appeal, the

appeal abates.

Hence, the appeal is dismissed as abated.

Sd/-

SOPHY THOMAS JUDGE RMV