IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 247 of 2008()
1. M.SUVARNAN,
... Petitioner
Vs
1. M.P.ABDUL KHADER,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :SRI.T.M.ABDUL LATHEEF
The Hon'ble MR. Justice R.BASANT
Dated :06/06/2008
O R D E R
R. BASANT, J.
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Crl. Appeal No. 247 OF 2008
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Dated this the 6th day of June, 2008
JUDGMENT
No representation for the respondents. Appeal is against an
order of acquittal under Section 256 Cr.P.C. Prosecution is under
Section 138 of the Negotiable Instruments Act. Cognizance was
taken in the year 2004 and the matter came up for trial, on
17.07.07, the complainant was absent though the case was
posted as a last chance. Complainant had filed an application
through counsel. That was rejected and the impugned order
under Section 256 Cr.P.C was passed.
2. Counsel for the appellant submits that the absence of the
appellant was on account of reasons beyond his control. The
cheque is for an amount of Rs.2,10,000/-. The impugned order
shows that the appellant was certainly not taking proper steps in
time. But, however, I am satisfied that a lenient view can be taken
and the appellant can be given an opportunity to contest the
proceedings.
3. In the result, this appeal is allowed subject to
conditions. If he appellant deposits before the learned Magistrate
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or pays to the accused an amount of Rs.2,000/- within a period of
one month from today, the impugned order under Section 256
Cr.P.C shall stand set aside and the learned Magistrate shall
proceed to dispose of the complaint in accordance with law.
Parties shall appear before the learned Magistrate, on 14.07.08, to
continue the proceedings. If amount is not paid as directed, the
learned Magistrate shall make note of the same on 14.07.08 and
the impugned order shall continue to remain in force.
R. BASANT, JUDGE
ttb
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