IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 341 of 2007()
1. A.J.THOMAS, KARUVALLIL FINANCIAL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. M.S.VIJAYAKUMAR,
For Petitioner :SMT.S.K.DEVI
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :04/09/2008
O R D E R
V.GIRI, J
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Crl.A.341/2007
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Dated this the 4th day of September, 2008
JUDGMENT
The complainant in S.T.No.602/2003 on the files of
the Chief Judicial Magistrate Court, Pathanamthitta, is the
appellant herein. The complaint was filed alleging that the
accused had committed an offence punishable under
Section 138 of the Negotiable Instruments Act. The
accused had issued a cheque for an amount of Rs.64,660/-
for discharge of a liability. Cheque, when presented for
collection, was dishonoured for want of sufficient funds.
Though notice of demand had been sent, there was no
reply. Hence the complaint was filed. According to the
complainant, he was present on most of the days and the
case was posted for evidence on 4.9.2004, 28.9.2004,
21.10.2004 and 18.11.2004 to file proof affidavit.
Apparently, proof affidavit was filed and the counsel for
the appellant had entrusted the same to his junior. It
seems that the counsel was not available when the case
was called. This resulted in the acquittal of the accused
under Section 256(1) of Cr.P.C.
Crl.A.341/2007
2
2. Though served from this Court, there is no
appearance on behalf of the accused.
3. In view of the facts narrated above, and in the
facts and circumstances of the case, I am of the view
that the complainant is entitled to another chance to
prosecute the complaint.
4. Accordingly, the appeal is allowed. Order of
acquittal is set aside and the complaint is restored to file.
Court below shall further proceed with S.T.No.602/2003
in accordance with law.
Parties shall appear before the Court below on
17.11.2008.
V.GIRI,
Judge
mrcs