IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 147 of 2007()
1. MATHRUBHUMI REPRESENTED BY ITS
... Petitioner
Vs
1. G.ALBERT, CHAKKAZHIYATH PUTHEN VEEDU,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.B.MOHANLAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/11/2009
O R D E R
V. RAMKUMAR , J.
= = = = = = = = = = = = = = = =
Crl.A.No.147 of 2007
= = = = = = = = = = = = = = = = =
Dated this the 24th day of November, 2009.
JUDGMENT
In this appeal filed by the complainant in S.T.No.432 of
2003 of Chief Judicial Magistrate Court, Kollam renumbered
as S.T.No.44 of 2006 on the file of the Judicial First Class
Magistrate-III, Kollam, he challenges the order dated
2.11.2006 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.9,011/-.
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.
Crl.Appeal No.147 of 2007
2
S.T.No.432 of 2003 of Chief Judicial Magistrate Court,
Kollam renumbered as S.T.No.44 of 2006 on the file of
J.F.C.M-III, Kollam shall stand restored to file and shall be
disposed of in accordance with law after giving both sides
an opportunity of being heard. The parties shall appear
before the court below on 21.12.2009 without any further
notice.
This appeal is disposed of as above.
Dated this the 24h day of November, 2009.
V. RAMKUMAR, JUDGE.
sj
Crl.Appeal No.147 of 2007
3