High Court Kerala High Court

M/S.Sarath Enterprises vs K.G.Shaji on 6 November, 2008

Kerala High Court
M/S.Sarath Enterprises vs K.G.Shaji on 6 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 756 of 2002()


1. M/S.SARATH ENTERPRISES, DOOR NO.716/1,
                      ...  Petitioner

                        Vs



1. K.G.SHAJI, S/O. GANGADHARAN,
                       ...       Respondent

                For Petitioner  :SRI.MATHEW PHILIP EDAPPALLIL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :06/11/2008

 O R D E R
                            R.BASANT, J
                         ----------------------
                       Crl.A.No.756 of 2002
                   ----------------------------------------
             Dated this the 6th day of November 2008


                         J U D G M E N T

The appellant is the complainant in a prosecution under

Section 138 of the Negotiable Instruments Act. A complaint was

filed on 07/04/2001. It underwent nine adjournments.

Cognizance was taken; but the accused had not entered

appearance despite the issue of non-bailable warrant against the

accused on several occasions. On 26/3/2002, it was directed that

the complainant must be present personally and an affidavit

should be filed. On that day, the affidavit was not filed.

Consequently on the next date of posting, the learned Magistrate

invoked the jurisdiction under Section 256 Cr.P.C to dismiss the

complaint and acquitted the accused. I find no such

contumacious latches to justify the the dismissal of this Crl.M.C

will not in any way fetter the rights of the petitioner to raise all

appropriate and relevant contentions at later stages. of that

complaint.

2. Notice has been served on the respondent. There is

no appearance. A copy of the order sheet has been placed

Crl.A.No.756/02 2

before me. I am satisfied, in the facts and circumstances of this

case that the invocation of the jurisdiction under Section 256

Cr.P.C to dismiss the criminal complaint filed by the petitioner

was not justified.

3. This appeal is accordingly allowed. The impugned

order of acquittal is set aside. The appellant must appear before

the learned Magistrate on 12/12/2008 to continue with the

proceedings.

(R.BASANT, JUDGE)
jsr

Crl.A.No.756/02 3

Crl.A.No.756/02 4

R.BASANT, J

C.R.M.C.No.

ORDER

DAY OF NOVEMBER 2006