IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1884 of 2007()
1. ACCORN PRINTWELL PVT. LTD.,
... Petitioner
Vs
1. K. RAMESH KUMAR,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.JOMY GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :28/08/2008
O R D E R
V. GIRI, J.
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Criminal Appeal No. 1884 OF 2007 (A)
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Dated this the 28th day of August, 2008
J U D G M E N T
The complainant in C.C.316/2004 on the files
of the Additional Chief Judicial Magistrate Court
(Economic Offences), Ernakulam is the appellant herein.
The calender case arises on account of the complaint
alleging that the accused issued a cheque for an amount
of Rs.3,91,200/-. But the cheque was dishonoured for
want of sufficient funds on presentation. Apparently,
the accused failed to appear in spite of summons and
non-bailable warrant had been issued. When the case was
called on 23-4-2007 the complainant’s counsel could not
reach the court in time. There was no representation on
behalf of the complainant and the accused was acquitted
under Section 256(1) of Cr.P.C.
2. I heard the learned counsel for the appellant.
There is no appearance on behalf of the accused.
Crl.Appeal No.1884/2007
– 2 –
Apparently, it seems to be clear that the complainant
was prosecuting the complaint diligently.
In the result, the appeal is allowed and order
of acquittal is set aside. The complaint is restored to
file and the court below shall proceed with
C.C.316/2004, in accordance with law. The complainant
shall appear before the court below on 17-11-2008.
V. GIRI, JUDGE
skr