IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 150 of 2007()
1. EASOW K.UMMEN,
... Petitioner
Vs
1. PAREETHU PILLAI, S/O.MOHAMMED,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.MANOJ RAMASWAMY
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :27/08/2008
O R D E R
V.GIRI, J.
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CRL.A.No.150 of 2007 D
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Dated this the 27th day of August, 2008.
JUDGMENT
The complainant, in C.C.No.1517/99 on the
file of the Judicial Magistrate of the First
Class, Perumbavoor, is the appellant in this
appeal.
2. The calender case arose out of a
complaint filed against the 1st respondent
alleging an offence punishable under Section 138
of the Negotiable Instruments Act, 1881 {for
short ‘the Act’}. The sworn statement of the
complainant was recorded. After several
adjournments, the complaint was posted to
25.4.2003. Apparently, according to the
complainant he was present on most of the dates
of postings. He was undergoing treatment for
rheumatoid arthritis and he was advised to take
complete bed rest. On 25.04.2003 the application
filed on his behalf seeking adjournment was not
considered. On that day, the case was called and
taking note of the complainant’s absence, the
accused was acquitted under Section 256(1) of the
Code of Criminal Procedure.
CRL.A.No.150 of 2007
:: 2 ::
4. I heard learned counsel for the
appellant and perused the records. In the
circumstances, I am of the view that the
complainant is entitled to another chance to the
prosecute the complaint. I take note of the fact
that the accused was not represented before this
court.
In the result, the appeal is allowed. The
order of acquittal is set aside. The complaint
is restored to file. The court below shall
further proceed with C.C.No.1517/99. The
complainant shall appear before the court below
on 24.11.2008.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. To Judge