IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 756 of 2002()
1. M/S.SARATH ENTERPRISES, DOOR NO.716/1,
... Petitioner
Vs
1. K.G.SHAJI, S/O. GANGADHARAN,
... Respondent
For Petitioner :SRI.MATHEW PHILIP EDAPPALLIL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/11/2008
O R D E R
R.BASANT, J
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Crl.A.No.756 of 2002
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Dated this the 6th day of November 2008
J U D G M E N T
The appellant is the complainant in a prosecution under
Section 138 of the Negotiable Instruments Act. A complaint was
filed on 07/04/2001. It underwent nine adjournments.
Cognizance was taken; but the accused had not entered
appearance despite the issue of non-bailable warrant against the
accused on several occasions. On 26/3/2002, it was directed that
the complainant must be present personally and an affidavit
should be filed. On that day, the affidavit was not filed.
Consequently on the next date of posting, the learned Magistrate
invoked the jurisdiction under Section 256 Cr.P.C to dismiss the
complaint and acquitted the accused. I find no such
contumacious latches to justify the the dismissal of this Crl.M.C
will not in any way fetter the rights of the petitioner to raise all
appropriate and relevant contentions at later stages. of that
complaint.
2. Notice has been served on the respondent. There is
no appearance. A copy of the order sheet has been placed
Crl.A.No.756/02 2
before me. I am satisfied, in the facts and circumstances of this
case that the invocation of the jurisdiction under Section 256
Cr.P.C to dismiss the criminal complaint filed by the petitioner
was not justified.
3. This appeal is accordingly allowed. The impugned
order of acquittal is set aside. The appellant must appear before
the learned Magistrate on 12/12/2008 to continue with the
proceedings.
(R.BASANT, JUDGE)
jsr
Crl.A.No.756/02 3
Crl.A.No.756/02 4
R.BASANT, J
C.R.M.C.No.
ORDER
DAY OF NOVEMBER 2006