High Court Kerala High Court

M/S.Poonkudy Auto Service (P) Ltd vs Rafeeque T.K on 26 November, 2007

Kerala High Court
M/S.Poonkudy Auto Service (P) Ltd vs Rafeeque T.K on 26 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 2198 of 2007()


1. M/S.POONKUDY AUTO SERVICE (P) LTD
                      ...  Petitioner

                        Vs



1. RAFEEQUE T.K.
                       ...       Respondent

2. STATE OF KERALA REP. BY

                For Petitioner  :SRI.JOSE KURIAKOSE (VILANGATTIL)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :26/11/2007

 O R D E R
                          V. RAMKUMAR , J
             ==========================
                 CRL.Appeal No. 2198 OF 2007
             ==========================
            Dated this the 26th day of November, 2007.

                               ORDER

The appellant is the complainant in C.C. No. 410/2002 on

the file of the Judicial First Class Magistrate-III, Kozhikode. The

complaint was one under Section 138 of the Negotiable

Instruments Act in respect of a cheque involving a sum of

Rs.8000/-. The complaint was dismissed for the reason that

there was no representation on 05.06.2003 and no process fee

was also deposited. The learned Magistrate not only dismissed

the complaint for default but also acquitted the accused under

Section 256 Cr.P.C without realising that the accused had not

entered appearance. Apart from the fact that the acquittal of the

accused under Section 256 Cr.P.C was not warranted, the

Magistrate ought to have given an opportunity to the complainant

to deposit the process fee. The impugned order dated

06.06.2003 is accordingly set aside and C.C No. 410/2002 will

stand restored to file. Since the disposal of the complaint by the

court below was before the appearance of the accused, notice to

the 1st respondent/accused in this revision is dispensed with.

Crl. A No. 2198/2007 : 2 :

2. The appellant shall appear before the learned Magistrate

without any further notice on 21.12.2007 by which time he shall

have paid the requisite process fee.

The Crl.Appeal is disposed of as above.

V. RAMKUMAR, JUDGE.

rv

Crl. A No. 2198/2007 : 3 :