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2025 Supreme(Online)(Ker) 50945

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ABDUL RAHIMAN ABOOBAKKAR – Appellant
Versus
JANCY JOHN – Respondent
CRL.MC NO. 255 OF 2022 | CMP 4502/2019 | ST NO.308 OF 2017



Advocates:
For the Appellants/Petitioners: SRI.P.P.RAMACHANDRAN
For the Respondents: SRI.M.P.PRASANTH, PP
SRI.MAHESH V.MENON

The dismissal of an appeal can occur if the underlying issue becomes moot due to inaction by a party.

Headnote:By way of Crl.M.C. No. 255 of 2022, the appellant challenges the order of the Special Additional Chief Judicial Magistrate, Thrissur in CMP No.4502 of 2019 concerning a cheque's forensic examination. The court determined that the cheque was returned as the accused did not pay for the examination as mandated. The appeal was dismissed as infructuous. The court directed the trial to proceed without further delay if not initiated already.

Table of Content
1. petition challenging order regarding forensic examination. (Para 1)
2. determination of appeal's mootness due to inaction. (Para 2)

O R D E R

The Crl.M.C. is filed assailing Annexure B order passed by the Court of the Special Additional Chief Judicial Magistrate, Thrissur in CMP No.4502 of 2019 in S.T.No.308 of 2017, ordering to forward the cheque involved in the complaint to the Forensic Science Laboratory (FSL).

2. By communication dated 23.09.2022, the Trial Court has informed this Court that the cheque was returned by the FSL, since the accused failed to remit the requisite fee for conducting the examination of the cheque.

In light of the above communication, this Crl.M.C. is dismissed as infructuous. The Registry is directed to communicate a copy of this order to the Trial Court to proceed with the trial in the complaint, if the same has not commenced yet, due to the pendency of this Crl.M.C.

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