IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 380 of 2005(B)
1. KERALA STATE INDUSTRIAL DEVELOPMENT
... Petitioner
Vs
1. VYSALI PHARMACEUTICALS LIMITED,
... Respondent
2. SHRI.A.D.KRISHNAN,
3. DR.(MRS.) SAVITHRI KRISHNAN,
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.A.JALEEL
For Respondent : No Appearance
The Hon'ble MR. Justice J.M.JAMES
Dated :07/07/2006
O R D E R
J.M.JAMES, J.
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CRL.A.380/2005
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DATED THIS THE 7TH DAY OF JULY, 2006
JUDGMENT
The complainant is the appellant. A complaint,
preferred under Section 138 of the Negotiable Instruments
Act, in short ‘the Act’, before the Judicial Magistrate of
First Class-I, Kochi, was dismissed on the ground that the
complainant was absent, on the day when it was posted for
evidence. Consequently, the accused was acquitted. The
same is under challenge, after obtaining leave of this
Court. Though notices were served on all the three
respondents, there is no representation from them.
2. I heard the learned counsel. In the facts and
circumstanced of this case, I set aside the impugned order
dated 3.1.2005, and restore C.C.No.1102/2002, on the file
of the Judicial Magistrate of First Class-I, Kochi. I direct
the learned Magistrate to dispose of the same, as per the
law, as early as possible, as the case is of the year 2002.
3. The appellant, complainant, shall appear before
the Judicial Magistrate of First Class-I, Kochi, on
Crl.A.380/2005
2
27.7.2006. Though the respondents 1 to 3 did not
appear, despite notice from this Court, for the ends of
Justice, the learned Magistrate shall give notice to them
as well.
The appeal is allowed as above.
J.M.JAMES
mrcs JUDGE