IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1528 of 2007()
1. M/S.M & M DISTRIBUTORS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SHRI. ABDUL SALAM.E.A.,
For Petitioner :SRI.JOY THATTIL ITTOOP
For Respondent :SRI.K.RAMAKUMAR (SR.)
The Hon'ble MR. Justice V.GIRI
Dated :27/08/2008
O R D E R
V.GIRI, J
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Crl.A.1528/2007
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Dated this the 27th day of August, 2008
JUDGMENT
The complainant in C.C.No.785/2002 on the files of
the Chief Judicial Magistrate Court, Ernakulam, is the
appellant herein. The complainant was represented by a
Power of Attorney holder. The calender case arose out of
a complaint filed against the second respondent for an
offence punishable under Section 138 of the Negotiable
Instruments Act.
2. It is the case of the complainant that the case stood
posted before the Court below on 28.3.2005. Substance of
the charge was read over and explained to him and then it
was posted to 2.12.2005 for the evidence of the
complainant. The complainant was present on the said
day, but due to heavy work in the Court, matter stood
adjourned to 3.3.2006. There was no sitting on the said
day and then it stood adjourned to 9.6.2006. According to
the complainant, case was not called and on enquiry it
was found that it has been referred to Adalath. But the
Cr.A.1528/2007
2
appellant and the counsel did not have any knowledge
about the Adalath. Thereafter, matter stood posted to
14.7.2006. It seems that the appellant and the counsel
were not aware of the postings. Finding that the
complainant is absent, the learned Magistrate proceeded
to acquit the accused under Section 256(1) of Cr.P.C.
Same has been challenged in the appeal.
3. Having heard learned counsel on either side and
having perused the order of the Court below, I am
satisfied that the complainant should be afforded another
opportunity to prosecute the complaint. In the
circumstances, the appeal is allowed. The order of
acquittal is set aside and the complaint is restored to file.
The Court below shall further proceed with
C.C.785/2002.
Parties shall appear before the Court below on
17.11.2008.
V.GIRI,
Judge
mrcs