IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 537 of 2010()
1. C.T.CHANDRASEKHARAN
... Petitioner
Vs
1. THE STATE OF KERALA AND ANOTHER
... Respondent
For Petitioner :SRI.K.B.ARUNKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :19/03/2010
O R D E R
V.K.MOHANAN, J.
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Crl. APPEAL No.537 of 2010
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Dated this the 19th day of March, 2010.
J U D G M E N T
The complainant in a prosecution for the offence u/s.138 of
Negotiable Instruments Act is the appellant, as he is aggrieved
by the order of acquittal recorded by the Court below u/s.256(1)
of Cr.P.C., for the reason that the complainant was absent for
adducing evidence inspite of the direction issued in that regard.
2. The cheque in question covers for an amount of
Rs.50,000/-. From the cause title of the impugned order, it
appears that the case pertained to the year 2006 and probably
for that reason, the Court below insisted the presence of the
complainant for giving his evidence. Therefore, the presence of
the complainant was inevitable and hence the court below
restrained from proceeding with the complaint. Therefore I find
no fault with the reason given by the learned Magistrate in
issuing the order.
3. However as stated above, the case pertained to the
year 2006 and amount covered by the cheque is for a sum of
Crl. APPEAL No.537 of 2010
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Rs.50,000/-. It is also submitted by the learned counsel for the
appellant that, the date on which the impugned order was
passed, the case was posted for the second time after the
appearance of the accused and the case was prolonged
because of the non-availability of the accused against whom,
Sections 82 & 83 of Cr.P.C. steps were taken at the instance of
the complainant. From the above facts, it appears that the
complainant was vigilantly prosecuting the complaint and he
could not appear on that day because of the official work
assigned to him on that day. In the above circumstances, I am
of the view that one more opportunity can be given to the
complainant to prosecute the complaint but subject to terms.
In the result, this criminal appeal is allowed setting aside
the order dated 3.2.2010 in S.T.C.2229/06 of the Court of
Judicial First Class Magistrate, Ottappalam on condition that the
appellant/complainant depositing a sum of Rs.1,000/- in the
Court below. Accordingly, the complainant/appellant is directed
to appear before the Court below on 31.3.2010, on which date
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the court below is directed to restore the complaint on file on
satisfaction that the complainant has deposited the amount as
directed and to proceed with the complaint in accordance with
law and procedure and dispose the same on merit. Out of the
sum of Rs.1,000/- which will be deposited by the appellant,
Rs.500/- shall be given to the accused and the remaining
Rs.500/- shall be paid to the State Exchequer.
This appeal is allowed accordingly.
V.K.MOHANAN,
Judge.
ami/