IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 2020 of 2008()
1. MANOJ P.C., S/O.CHANDRAN,
... Petitioner
Vs
1. V.P.SOMANATHAN, VALLUVASSERY HOUSE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY PUBLIC
For Petitioner :SRI.S.PRASANTH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/12/2009
O R D E R
V. RAMKUMAR , J.
-------------------------------------------------------------
Crl. A. No. 2020 of 2008
------------------------------------------------------------
Dated this the 23rd day of December, 2009.
JUDGMENT
In this appeal filed by the complainant in S.T. No.1087
of 2004 on the file of the Judicial First Class
Magistrate, Pala, he challenges the order dated 02.09.2005
passed by the Magistrate acquitting the accused under
Section 256(1) Cr.P.C due to the non-appearance of the
complainant. The prosecution was one under Section 138 of
the Negotiable Instruments Act, 1881 involving a cheque for
Rs.1,50,000/-.
2. Heard both sides. No doubt, there has been some
latches on the part of the appellant in not appearing before
the court below. But, that certainly did not deserve an
acquittal of the accused otherwise than on merits.
Accordingly, the impugned order is set aside and the matter
is remitted to the court below for disposal afresh. S.T. No.
1087 of 2004 shall stand restored to file and shall be
Crl. A. No. 2020/2008 : 2:
disposed of in accordance with law after giving both sides
an opportunity of being heard. The parties shall appear
before the court below on 18.01.2010 without any further
notice.
This appeal is disposed of as above.
Dated this the 23rd day of December, 2009.
V. RAMKUMAR, JUDGE.
Crl. A. No. 2020/2008 : 3: