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2025 Supreme(Online)(Ker) 55668

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JOHNSON JOHN, J
DR.K.S.VISWANADHA MALLAN – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.A NO. 1905 OF 2007



Advocates:
For the Appellants/Petitioners: SRI.JAYAN.C.DAS
For the Respondents: SRI.JOSE JOSEPH ARAYAKUNNEL, SRI.VARGHESE PARAMBIL, SRI.ALEX M.THOMBRA

Failure to represent in a criminal appeal results in dismissal of proceedings.

Headnote:This appeal pertains to the acquittal of the accused for an offence under Section 138 of the Negotiable Instruments Act. The appellant failed to appear despite notice from the court which led to closing of proceedings. The court emphasized the need for representation in criminal appeals. Hence, the appeal was dismissed.

Table of Content
1. appeal concerning acquittal under section 138. (Para 2)
2. no representation leads to closure of proceedings. (Para 3)

J U D G M E N T

This appeal by the complainant is against the acquittal of the accused for the offence under Section 138 of the Negotiable Instruments Act .

3. When there was no representation for the appellant, this Court issued notice to the appellant. The memo filed by the learned Public Prosecutor and the report of the District Police Chief shows that the notice is duly served to the appellant on 20-11-2025. In spite of service of notice to the appellant, he has not turned up to prosecute the matter and today also, there is no representation for the appellant In that circumstance, the proceedings are closed.

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