IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 2328 of 2007()
1. A.S.MENON, REPRESENTED BY POWER OF
... Petitioner
Vs
1. K.K.CHANDRAN, KANGARAPARAMBIL,
... Respondent
For Petitioner :SRI.A.MOHAMED MUSTAQUE
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. 2328/2007
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Dated this the 27th day of August, 2008
JUDGMENT
The complainant in C.C.No.656/2001 on the files of
the Judicial First Class Magistrate Court-I, Kannur, is the
appellant herein. The prosecution arose out of a
complaint filed by the appellant herein against the
accused alleging that the latter has committed an offence
punishable under Section 138 of the Negotiable
Instruments Act.
2. Finding that the complainant was represented by a
Power of Attorney holder and also finding that he was
absent on 25.8.2003, the accused was acquitted under
Section 256(1) of the Code of Criminal Procedure. The
same is challenged in the appeal.
3. Having perused the order of the Court below and
having heard learned counsel for the appellant, and taking
note of the submission that the original complainant was
suffering from serious illness earlier, I think it is
Crl.A.2328/2007
2
appropriate that the complainant be given another
chance to prosecute the complaint. Though the accused
has been served from this Court, he had not entered
appearance.
4. In the result, the appeal is allowed. The order of
acquittal is set aside and the complaint is restored to file.
The Court below shall further proceed with
C.C.No.656/2001, in accordance with law.
The party shall appear before the Court below on
13.10.2008.
V.GIRI,
Judge
mrcs