High Court Kerala High Court

Easow K.Ummen vs Pareethu Pillai on 27 August, 2008

Kerala High Court
Easow K.Ummen vs Pareethu Pillai on 27 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 150 of 2007()


1. EASOW K.UMMEN,
                      ...  Petitioner

                        Vs



1. PAREETHU PILLAI, S/O.MOHAMMED,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.MANOJ RAMASWAMY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :27/08/2008

 O R D E R
                       V.GIRI, J.
        -------------------------
              CRL.A.No.150 of 2007 D
        -------------------------
          Dated this the 27th day of August, 2008.


                      JUDGMENT

The complainant, in C.C.No.1517/99 on the

file of the Judicial Magistrate of the First

Class, Perumbavoor, is the appellant in this

appeal.

2. The calender case arose out of a

complaint filed against the 1st respondent

alleging an offence punishable under Section 138

of the Negotiable Instruments Act, 1881 {for

short ‘the Act’}. The sworn statement of the

complainant was recorded. After several

adjournments, the complaint was posted to

25.4.2003. Apparently, according to the

complainant he was present on most of the dates

of postings. He was undergoing treatment for

rheumatoid arthritis and he was advised to take

complete bed rest. On 25.04.2003 the application

filed on his behalf seeking adjournment was not

considered. On that day, the case was called and

taking note of the complainant’s absence, the

accused was acquitted under Section 256(1) of the

Code of Criminal Procedure.

CRL.A.No.150 of 2007

:: 2 ::

4. I heard learned counsel for the

appellant and perused the records. In the

circumstances, I am of the view that the

complainant is entitled to another chance to the

prosecute the complaint. I take note of the fact

that the accused was not represented before this

court.

In the result, the appeal is allowed. The

order of acquittal is set aside. The complaint

is restored to file. The court below shall

further proceed with C.C.No.1517/99. The

complainant shall appear before the court below

on 24.11.2008.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//

P.S. To Judge