High Court Kerala High Court

Muraleedharan Pillai vs Sobanakumariamma on 25 November, 2009

Kerala High Court
Muraleedharan Pillai vs Sobanakumariamma on 25 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 547 of 2007()


1. MURALEEDHARAN PILLAI,
                      ...  Petitioner

                        Vs



1. SOBANAKUMARIAMMA, TEACHER,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :25/11/2009

 O R D E R
                         V. RAMKUMAR , J.
           -------------------------------------------------------------
                         Crl. A. No. 547 of 2007
            ------------------------------------------------------------
          Dated this the 25th day of November, 2009.

                               JUDGMENT

In this appeal filed by the complainant in C.C. No.66 of

2007 on the file of the Judicial First Class Magistrate-III,

Kottarakkara, he challenges the order dated 30.01.2007

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.1,00,000/-.

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. C.C.

No. 66 of 2007 shall stand restored to file and shall be

Crl. Appeal No. 547/2007 : 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 23.12.2009 without any further

notice.

This appeal is disposed of as above.

Dated this the 25th day of November, 2009.

V. RAMKUMAR, JUDGE.

Crl. Appeal No. 547/2007 : 3 :