IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3251 of 2008()
1. VANCHINADU BHAVANA NIRMAMA SANGHAM
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. PADMA KUMAR.A.R., R/AT.TC.NO.51.2454
For Petitioner :SRI.J.R.PREM NAVAZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/09/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
CRL.R.P.NO. 3251 OF 2008
............................................
DATED THIS THE 26th DAY OF SEPTEMBER, 2008
ORDER
Petitioner is the complainant in a private complaint filed
alleging that second respondent committed an offence under
Section 138 of N.I.Act. After receipt of the summons, accused did
not appear and non bailable warrant was issued. Case was
posted to 18.6.2008. Learned Addl. Chief Judicial Magistrate,
Thiruvananthapuram dismissed the complaint under sub-section
4 of Section 204 of Code of Criminal Procedure on the failure of
petitioner to appear and also on the failure of the counsel to
represent. This petition is filed under Section 397 and 401 of
Code of Criminal Procedure contending that failure of the
counsel to appear was on account of boycott of the courts by
Advocates of Thiruvananthapuram Bar and though petitioner
the Secretary, was absent, Secretary in charge had appeared
and sought for an adjournment, but it was not granted and
therefore the order of dismissal is to be set aside.
2. Though the Advocates are not justified in boycotting the
courts, for that reason, a party cannot be penalised. In such
circumstances, in the interest of justice, the order dated
CRRP 3251/2008 2
18.6.2008 dismissing C.C.569 of 2007 under sub-section 4 of
Section 204 of Code of Criminal Procedure is set aside and case
is restored to file and Additional Chief Judicial Magistrate,
Thiruvananthapuram is directed to proceed with the case in
accordance with law.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-