IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 547 of 2007()
1. MURALEEDHARAN PILLAI,
... Petitioner
Vs
1. SOBANAKUMARIAMMA, TEACHER,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :25/11/2009
O R D E R
V. RAMKUMAR , J.
-------------------------------------------------------------
Crl. A. No. 547 of 2007
------------------------------------------------------------
Dated this the 25th day of November, 2009.
JUDGMENT
In this appeal filed by the complainant in C.C. No.66 of
2007 on the file of the Judicial First Class Magistrate-III,
Kottarakkara, he challenges the order dated 30.01.2007
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.1,00,000/-.
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. C.C.
No. 66 of 2007 shall stand restored to file and shall be
Crl. Appeal No. 547/2007 : 2 :
disposed of in accordance with law after giving both sides
an opportunity of being heard. The parties shall appear
before the court below on 23.12.2009 without any further
notice.
This appeal is disposed of as above.
Dated this the 25th day of November, 2009.
V. RAMKUMAR, JUDGE.
Crl. Appeal No. 547/2007 : 3 :