E K SAJEEV KUMAR Vs. P.UNNIKRISHNAN

JUDGEMENT

(1.) This appeal is filed against the judgment dated 17.07.2004 in S.T. No. 2634/1994 on the file of the Judicial First Class Magistrate Court-II, Aluva. This is a prosecution initiated by the appellant against 1st respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) When this appeal came up for admission, notice on admission was ordered on 19.01.2005. Notice was sent to the 1st respondent on several occasions and it was returned unserved , mainly for the reason that, the 1st respondent left the place. Several opportunities were given to the appellant to complete the service of notice to the 1st respondent. Atlast on 06.10.2020 this Court granted time to the appellant for submitting process to issue notice to the 1st respondent again. Accordingly, notice was sent to the 1st respondent, but it was returned with an endorsement addressee not known .

(3.) Thereafter, the case was posted on two occasions. There was no representation for the appellant. An appeal filed under Section 378(4) Cr.P.C. can not be dismissed for default once it is admitted. But, in this case the appeal is not even admitted. Eventhen I perused the impugned judgment.