IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 2198 of 2007()
1. M/S.POONKUDY AUTO SERVICE (P) LTD
... Petitioner
Vs
1. RAFEEQUE T.K.
... Respondent
2. STATE OF KERALA REP. BY
For Petitioner :SRI.JOSE KURIAKOSE (VILANGATTIL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/11/2007
O R D E R
V. RAMKUMAR , J
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CRL.Appeal No. 2198 OF 2007
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Dated this the 26th day of November, 2007.
ORDER
The appellant is the complainant in C.C. No. 410/2002 on
the file of the Judicial First Class Magistrate-III, Kozhikode. The
complaint was one under Section 138 of the Negotiable
Instruments Act in respect of a cheque involving a sum of
Rs.8000/-. The complaint was dismissed for the reason that
there was no representation on 05.06.2003 and no process fee
was also deposited. The learned Magistrate not only dismissed
the complaint for default but also acquitted the accused under
Section 256 Cr.P.C without realising that the accused had not
entered appearance. Apart from the fact that the acquittal of the
accused under Section 256 Cr.P.C was not warranted, the
Magistrate ought to have given an opportunity to the complainant
to deposit the process fee. The impugned order dated
06.06.2003 is accordingly set aside and C.C No. 410/2002 will
stand restored to file. Since the disposal of the complaint by the
court below was before the appearance of the accused, notice to
the 1st respondent/accused in this revision is dispensed with.
Crl. A No. 2198/2007 : 2 :
2. The appellant shall appear before the learned Magistrate
without any further notice on 21.12.2007 by which time he shall
have paid the requisite process fee.
The Crl.Appeal is disposed of as above.
V. RAMKUMAR, JUDGE.
rv
Crl. A No. 2198/2007 : 3 :