IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 47 of 2008()
1. M/S.OLAM EXPORTS (INDIA) LTD.,
... Petitioner
Vs
1. P.GOVARDHAN,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :11/01/2008
O R D E R
K.P.BALACHANDRAN, J.
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Crl.A.No.47 of 2008
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Dated this the 11th day of January, 2008
JUDGMENT
The complainant, in a complaint filed under Section 138 of
the Negotiable Instruments Act, which was taken cognizance of
by the learned Magistrate and registered as C.C.No.649/1999 on
the file of the Judicial First Class Magistrate Court-II, Kollam, is
the appellant. He has come up in appeal being aggrieved by the
order of acquittal of the first respondent/accused in the case
under Section 256(1) Crl.P.C.
2. It is contended before me by the learned counsel for
the appellant that the complainant was present on several
occasions before the court below, that the first respondent/
accused had not appeared even once and non bailable warrant
was pending against him and in the circumstances, the acquittal
of the accused by the court below is not justified. The counsel
for the appellant has produced before me for perusal a
handwritten copy of the order sheet maintained by the court
below to show that the accused had not entered appearance.
Assuming that the handwritten copy produced is a true and
CRL.A.NO.47/2008 2
correct one, it shows that altogether from 13.1.1999, the date on
which the case was taken cognizance of by the Magistrate, till
5.1.2002, the date on which the accused was acquitted, there
were 15 postings and three years have also elapsed and the
appellant could not effect service of summons on the first
respondent, who is stated to have issued the cheque, which was
dishonoured. If the appellant was not vigilant even in having the
service completed within a period of three years, there is no
meaning in setting aside the order of the court below and
remitting the case of 1999 back to the court below after 9 years.
In the above view, I confirm the order of acquittal passed
by the court below and dismiss this Crl.Appeal.
K.P.BALACHANDRAN,
Judge
csl