RAVIKUMAR K.M. S/O.UNNIKRISHNAN NAIR Vs STATE OF KERALA

The appellant herein is the complainant in C.C

377/2008 of the Judicial First Class Magistrate''s Court,

Pattambi, and the 2nd respondent herein is the accused in

the said case. The complainant brought the said

prosecution under Section 138 of the Negotiable

Instruments Act on an allegation that a cheque for 2 lakhs

issued by the accused in discharge of the amount

borrowed by him was bounced due to insufficiency of funds,

and in spite of statutory notice, the accused failed to make

payment of the cheque amount. The complainant

examined himself and proved Exts.P1 to P4 in the trial

court. Exts.D1 and D2 were marked on the side of the

defence. No oral evidence was adduced by the accused.

On an appreciation of the evidence, the trial

court found the accused guilty. On conviction, he was

sentenced to undergo simple imprisonment for three

months, and he was also directed to pay a compensation of

2 lakhs under Section 357 (3) Cr.P.C by judgment dated 20.11.2009.

Aggrieved by the judgment of conviction, the

accused approached the Court of Session, Palakkad with

Crl.A No.735/2009. In appeal the learned Additional

Sessions Judge-I, Palakkad found against the complainant,

that he he has failed to prove the transaction and also due

and voluntary execution of the cheque in question.

Accordingly, the appellate court found the accused not

guilty, and he has acquitted by judgment dated 25.1.2011.

Aggrieved by the judgment of acquittal in appeal, the

complainant brought this appeal with the leave of this Court

under Section 378 (4) Cr.P.C .

When this appeal came up for hearing, the

appellant remained absent, and there was nobody to

represent the appellant. The learned counsel for the 2nd

respondent submitted that the parties have settled the

dispute amicably out of court, and that is why the

complainant is absent in court. Anyway, being an appeal

against acquittal, the appeal can be dismissed for non-

prosecution, when the appellant is not interested in

prosecuting the appeal.

In the result, this appeal is dismissed for non-

prosecution.