High Court Kerala High Court

Manoj P.C. vs V.P.Somanathan on 23 December, 2009

Kerala High Court
Manoj P.C. vs V.P.Somanathan on 23 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 2020 of 2008()


1. MANOJ P.C., S/O.CHANDRAN,
                      ...  Petitioner

                        Vs



1. V.P.SOMANATHAN, VALLUVASSERY HOUSE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY PUBLIC

                For Petitioner  :SRI.S.PRASANTH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/12/2009

 O R D E R
                         V. RAMKUMAR , J.
           -------------------------------------------------------------
                         Crl. A. No. 2020 of 2008
            ------------------------------------------------------------
           Dated this the 23rd day of December, 2009.

                               JUDGMENT

In this appeal filed by the complainant in S.T. No.1087

of 2004 on the file of the Judicial First Class

Magistrate, Pala, he challenges the order dated 02.09.2005

passed by the Magistrate acquitting the accused under

Section 256(1) Cr.P.C due to the non-appearance of the

complainant. The prosecution was one under Section 138 of

the Negotiable Instruments Act, 1881 involving a cheque for

Rs.1,50,000/-.

2. Heard both sides. No doubt, there has been some

latches on the part of the appellant in not appearing before

the court below. But, that certainly did not deserve an

acquittal of the accused otherwise than on merits.

Accordingly, the impugned order is set aside and the matter

is remitted to the court below for disposal afresh. S.T. No.

1087 of 2004 shall stand restored to file and shall be

Crl. A. No. 2020/2008 : 2:

disposed of in accordance with law after giving both sides

an opportunity of being heard. The parties shall appear

before the court below on 18.01.2010 without any further

notice.

This appeal is disposed of as above.

Dated this the 23rd day of December, 2009.

V. RAMKUMAR, JUDGE.

Crl. A. No. 2020/2008 : 3: