POYYAYIL PREJITH versus P.G.ALPHONSA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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POYYAYIL PREJITH v. P.G.ALPHONSA - CRL A No. 968 of 1998 [2007] RD-KL 1327 (17 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 968 of 1998()

1. POYYAYIL PREJITH
... Petitioner

Vs

1. P.G.ALPHONSA
... Respondent

For Petitioner :SRI.P.M.PAREETH

For Respondent : No Appearance

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

Dated :17/01/2007

O R D E R

J.B. KOSHY, J.

Crl. Appeal No. 968 of 1998

Dated this the 17th day of January, 2007

Judgment This appeal is filed against an order of acquittal. The complaint was filed by the appellant under section 138 of the Negotiable Instruments Act, but, after summons was ordered, complainant was absent on all hearing dates. He was continuously absent and finally when he was absent on 13.10.1998, accused was acquitted under section 256 of the Code of Criminal Procedure. Even though notice was ordered as early as on 27.11.1998, no effective steps were taken to serve notice on the accused. On 4.10.2006 fresh notice was ordered. So far, no sufficient process was filed. Apart from the above, acquittal of the accused for continuous absence of the complainant on the posting dates cannot be said to be illegal in view of the provisions of 256 Cr. P.C. Hence, this appeal is dismissed. J.B.KOSHY

JUDGE

vaa  Crl.A.No./98 2

J.B. KOSHY, J.

CRL.APPEAL No.968/98 Judgment

Dated:17th January, 2007



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