IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1225 of 2010()
1. K.R.RAMACHANDRAN, AGED 47 YEARS,
... Petitioner
Vs
1. BHARGAVI, AGED 67 YEARS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :09/07/2010
O R D E R
V.K.MOHANAN, J.
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Crl.Appeal No.1225 of 2010
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Dated this the 9th day of July, 2010.
J U D G M E N T
This appeal is preferred by the complainant in a
prosecution for an offence punishable u/s.138 of Negotiable
Instruments Act, as he is aggrieved by the order of the trial court
u/s.256(1) of Cr.P.C.
2. The learned counsel for the appellant submitted that,
the accused entered appearance and recorded his pleading only
on 5.1.2010 and on the next posting date, the impugned order is
passed by the trial court. The learned counsel also made
available to me a certified copy of the proceedings of the trial
court, which is sufficient to substantiate the submission made by
the learned counsel.
3. From the order impugned, it is not discernible whether
the complainant was persistently absent and negligent in
adducing evidence. As the impugned order was passed on the
first date of posting, after recording the plea of the accused, I am
Crl.Appeal No.1225 of 2010
2
of the view that the learned Magistrate is not justified in
acquitting the accused u/s.256(1) of Cr.P.C., only for the reason
that the complainant was not present on that particular date.
In the result, this appeal is disposed of setting aside the
order dated 8.1.2010 in S.T.No.739/08 of the trial court.
Accordingly, the appellant/complainant is directed to appear
before the trial court on 10.8.2010, on which date the learned
Magistrate is directed to restore the complaint on file and to
proceed with the same in accordance with the procedure and
law and dispose of the same on merit.
V.K.MOHANAN,
Judge.
ami/