IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 152 of 1999(A)
1. AKBAR TRAVELS OF INDIA
... Petitioner
Vs
1. THE STATE OF KEALA
... Respondent
For Petitioner :SRI.V.CHITAMBARESH
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
Dated :06/12/2006
O R D E R
J.B. KOSHY, J.
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CRL.APPEAL No. 152 of 1999
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Dated this the 6th day of December, 2006
Judgment
This appeal is filed by the complainant against
acquittal of the accused under section 256 (1) of the
Code of Criminal Procedure. According to the
complainant, cheque issued to him by the second
respondent (accused) was dishonoured for insufficiency of
funds. Therefore, after completing the statutory
formalities, he approached the court. Presence of the
accused was not procured before the court when the case
was posted several times. The complaint was dismissed
and accused was acquitted under section 256 (1) of the
Code of Criminal Procedure for absence of the complainant
on one day. Notice issued by this court was successfully
evaded. I am of opinion that accused cannot be
acquitted under section 256 Cr.P.C. mechanically.
Presence of the complainant can be insisted only if his
presence is absolutely required on the posting date.
Here, in this case, presence of the accused was not
procured and summons was not served. In the above
circumstances, dismissal of the complaint mechanically
Crl.A.No.152/99 2
was not correct. Hence, the impugned order acquitting
the accused is set aside and the matter is remanded to
the trial court. Complainant shall appear before the
trial court on 12.1.2007. Trial court should take fresh
steps to procure the presence of the accused.
Appeal allowed by way of remand.
J.B.KOSHY
JUDGE
vaa
Crl.A.No.152/99 3
J.B. KOSHY, J.
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CRL.APPEAL No.152/99
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Judgment
Dated:6th December, 2006