AMARNATH JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The above appeal is filed challenging the judgment dated 23.4.2001 in Crl.A.No.264 of 1999 of the court of Additional Sessions Judge, Alappuzha, by which the learned Sessions Judge allowed the said appeal and set aside the conviction and sentence imposed against the appellant, who is an accused in a prosecution launched at the instance of the appellant for the offence under Section 138 of the Negotiable Instruments Act,1881 (for short 'the N.I.Act').

(2.) Before filing the present appeal, a petition under Section 378(4) of Criminal Procedure Code is filed for leave and there was a delay of 20 days and the said delay was condoned and thereafter, leave was granted by order dated 20.9.2007 in Crl.L.P.No.817 of 2007. Thereafter, the appeal is numbered and notice was ordered in the appeal on 15.10.2007. The Registry has reported on 30.6.2011 that the process was not seen filed and thereafter, on 6.7.2011, the Registry has again reported that the process was not paid and the matter is to be posted before the Bench. Accordingly, when the above appeal is posted in the defect list on 11.7.2011, there was no representation. Hence, this Court suo motu adjourned the matter to 19.7.2011, on which date also, there was no representation. Again, this Court suo motu adjourned the matter from 19.7.2011 to this date. Today also, there is no representation. The above facts and approach of the appellant and his counsel show that they are not interested in prosecuting the appeal of which the leave petition was filed during the year 2001 against the acquittal of the accused for the offence under Section 138 of the N.I.Act.