B. NAINAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal pertains to the year 2004, in which the challenge is against the order of acquittal recorded under section 255(1) of Cr.P.C. in favour of the accused who faced prosecution for the offence under section 138 of the NI Act at the instance of the appellant/complainant. Though notice was ordered in the above appeal as early as on 13.9.2004, the same is not served on the respondents so far. When the above appeal posted for consideration on 1.7.2011, there was no representation and hence this Court directed the appellant to take steps within 2 weeks from that date and posted the appeal for hearing after the service is complete. Again on 8.8.2012, the appeal was posted before the Registrar (Judicial) but there was no representation. Thus, the matter is posted today before this Court. Today also, though the appeal posted in the defect list, there is no representation for the appellant. The above approach of the appellant shows that, neither the appellant nor his counsel is interested in prosecuting the above appeal. Therefore, this appeal is dismissed for non prosecution.