K.P.Musthafa vs V.K.Pavithran on 9 April, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 1556 of 2003()


1. K.P.MUSTHAFA, S/O.ERAMULLAN,
                      ...  Petitioner

                        Vs



1. V.K.PAVITHRAN, GOLDSMITH, RESIDING
                       ...       Respondent

2. THE STATE OF KERALA REP. BY

                For Petitioner  :SMT.DAISY THAMPI

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

 Dated :09/04/2008

 O R D E R
                            A.K.BASHEER, J.
           - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        Crl.A.No.1556 OF 2003
           - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
               Dated this the 9th day of April 2008

                                JUDGMENT

This appeal which is at the instance of the complainant

in a prosecution under Section 138 of the Negotiable

Instruments Act is directed against the order of acquittal

passed by the court below under Section 256 of the Code of

Criminal Procedure.

2. Having perused the materials available on record, I

am satisfied that the appellant is entitled to get one more

opportunity to prosecute his case.

Therefore, the impugned order is set aside. The court

below shall restore the complaint on file and dispose it of in

accordance with law.

(A.K.BASHEER, JUDGE)
jes