Central Advertising Agency vs Jayakumari on 31 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 121 of 1999()



1. CENTRAL ADVERTISING AGENCY
                      ...  Petitioner

                        Vs

1. JAYAKUMARI
                       ...       Respondent

                For Petitioner  :SRI.BECHU KURIAN THOMAS

                For Respondent  :SRI.K.JAGADEESCHANDRAN NAIR

The Hon'ble MR. Justice J.B.KOSHY

 Dated :31/01/2007

 O R D E R

J.B.KOSHY, J.

———————–

Crl. Appeal No.121 of 1999

———————–

Dated this the 31st day of January, 2007

Judgment

This appeal is filed by the complainant under

section 138 of the Negotiable Instruments Act against

acquittal of the accused under section 256 of the Code of

Criminal Procedure. The case was posted for evidence. On

27.10.1998, the complainant was absent. Immediately, the

accused was acquitted despite application filed by the

complainant for exemption. In this case, it is the case of

the complainant that his father was seriously ill and he

died within three days from the date of posting. Dismissal

of the complaint under section 256 (1) of Cr. P.C. should

not be done mechanically. In this case, the complainant

has given sufficient reasons for his absence.

In the above circumstances, the impugned order is

set aside and the matter is remanded to the court below.

Parties shall appear before the court below on 26.3.2007

for proceeding further according to law.

J.B. KOSHY

(JUDGE)

vaa

J.B.Koshy J.

———————–

Crl.A. No.121 of 1999

———————–

Judgment

31-1-2007