Sachindranath vs N.Krishnaprasad

Type Court Judgment Court Kerala Decided Oct 30, 2019

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Citation: sooperkanoon.com/1865705
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Oct 30, 2019
Case Number: CRL.A/1342/2006

Parties & Advocates

Appellant / Petitioner

Sachindranath

Respondent

N.Krishnaprasad

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice ashok menon wednesday, the 30th day of october 2019 / 8th karthika, 1941 against the order/judgment in st 113/2004 dated 28-01-2006 of addl.munsiff/judicial magistrate of first class, irinjalakuda appellant/complainant: sachindranath s/o.p.n.surendranathan, parethattil house, kalathukunnu.p.o, thrissur district. by adv. sri.k.g.balasubramanian respondents/accused & state:1 m.n.krishna prasad, s/o.late m.v.nanjappan, no.43, margosa road, malleswaram, bangalore-560 003. 2 state of kerala rep. by public prosecutor, high court, ernakulam. r2 by sri.d.chandrasenan, sr.public prosecutor other present: this criminal appeal having been finally heard on 30.10.2019, the court on the same day delivered the following:judgmentdated this the 30th day of october 2019 the whereabouts of the accused is not known, and he could not be served despite attempts made by the appellant to serve notice on him for the last 13 years. the appeal is filed by the complainant in s.t.no.113/2004 on the file of the additional munsiff/judicial first class magistrate, irinjalakkuda challenging the acquittal of the accused for an offence punishable under section 138 of the negotiable instruments act. despite repeated summons, the whereabouts of the accused could not be traced out. it was stated that he was in karnataka and notice was attempted to be served inthat address through the high court of karnataka. but that address too was found to be incorrect. no further steps has been taken. the matter has been pending for the last 13 years and no purpose will be served by keeping it pending. hence, the appeal is dismissed.sd/- ashok menon dkr judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941 AGAINST THE ORDER/JUDGMENT IN ST 113/2004 DATED 28-01-2006 OF ADDL.MUNSIFF/JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA APPELLANT/COMPLAINANT: SACHINDRANATH S/O.P.N.SURENDRANATHAN, PARETHATTIL HOUSE, KALATHUKUNNU.P.O, THRISSUR DISTRICT. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENTS/ACCUSED & STATE:
1 M.N.KRISHNA PRASAD, S/O.LATE M.V.NANJAPPAN, NO.43, MARGOSA ROAD, MALLESWARAM, BANGALORE-560 003. 2 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. R2 BY SRI.D.CHANDRASENAN, SR.PUBLIC PROSECUTOR OTHER PRESENT: THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of October 2019 The whereabouts of the accused is not known, and he could not be served despite attempts made by the appellant to serve notice on him for the last 13 years. The appeal is filed by the complainant in S.T.No.113/2004 on the file of the Additional Munsiff/Judicial First Class Magistrate, Irinjalakkuda challenging the acquittal of the accused for an offence punishable under Section 138 of the Negotiable Instruments Act. Despite repeated summons, the whereabouts of the accused could not be traced out. It was stated that he was in Karnataka and notice was attempted to be served in

that address through the High Court of Karnataka.                                   But
that address too was                  found to be incorrect.               No further
steps has been taken.                   The matter has been pending for
the    last       13    years    and    no       purpose    will      be   served   by
keeping it pending.              Hence, the appeal is dismissed.

Sd/- ASHOK MENON dkr JUDGE

Same Court & Year Kerala · 2019 Same Parties Sachindranath vs N.Krishnaprasad Same Judge Honourable Mr. Justice Ashok Menon