IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 2085 of 2003()
1. SMITHA P.N.,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. SEBASTIAN,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.R.MURALEEKRISHNAN
The Hon'ble MR. Justice J.M.JAMES
Dated :01/03/2007
O R D E R
J.M.JAMES, J.
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Crl.A No.2085 of 2003 (D)
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Dated this the 1st day of March, 2007
J U D G M E N T
The complainant before the Judicial Magistrate of the
First Class Court-II, Kochi, had come up before this Court
challenging the dismissal of the complaint, preferred under
Section 138 of the Negotiable Instruments Act and acquittal of
the accused, on the ground of her absence, although her counsel
was present. The reason of absence was that the complainant
was out of station. But the Magistrate had posted the case, on
that date, for the examination of the complainant. Her absence
resulted the dismissal of the complaint.
2. During the hearing, the learned counsel for the
appellant-complainant submitted that the complainant, had gone
to attend a marriage and there was no proper conducting of the
case by the advocate of the lower court.
3. Without going for elaboration, as the service is
complete in respect of the respondents as well, I allow this
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appeal, set aside the impugned judgment dated 14/10/2002 and
restore C.C.No.1586/2001 to the file of Judicial Magistrate of the
First Class Court-II, Kochi.
I direct the parties to appear before the Judicial
Magistrate of the First Class Court-II, Kochi, on 02/04/2007.
The learned Magistrate shall dispose of the case, within three
months from the date of appearance of the parties.
(J.M.JAMES)
Judge
ms
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J.M.JAMES, J.
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Crl.A No.2085 of 2003 (D)
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J U D G M E N T
1st March, 2007