IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 1297 of 2006()
1. P.N.SATHYAN, PARKUDIYIL HOUSE,
... Petitioner
Vs
1. C.S.NATARAJAN, S/O.SANKARAN ACHARI,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.BIJU .C. ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice J.M.JAMES
Dated :14/02/2007
O R D E R
J.M.JAMES, J.
- - - - - - - - - - - - - - - - - - - -
Crl.A No. 1297 of 2006 (A)
- - - - - - - - - - - - - - - - - - - -
Dated this the 14th day of February, 2007
J U D G M E N T
The complainant in C.C.No.127/2002 on the file of the
Judicial Magistrate of the First Class, Kolencherry, is the
appellant. The complaint preferred by the appellant, under
Section 138 of the Negotiable Instruments Act, was dismissed
for the non appearance of the complainant, on the date when it
was posted for taking evidence. Therefore, the complainant
preferred this appeal after obtaining leave. Though the notice is
served and the service is complete, in respect of the first
respondent accused, there is no representation or appearance.
2. After hearing the counsel for the appellant and
considering the circumstances submitted by him, I set aside the
impugned order, dated 29/11/2005, and restore C.C.No.
127/2002 to the file of the Judicial Magistrate of the First Class,
Kolencherry.
3. The appellant shall appear before the court
below on 19/03/2007.
Crl.No.1297/2006 (A)
2
4. As the respondent accused is not before this
Court, coercive steps shall be taken against the first accused
and, on his production/appearance, the case shall be disposed of,
within two months from that date, as the offence has been
committed in the year 2001.
Appeal is allowed as above.
(J.M.JAMES)
Judge
ms
Crl.No.1297/2006 (A)
3
J.M.JAMES, J.
– – – – – – – – – – – – – – – – – – – –
Crl.A No. 1297 of 2006 (A)
– – – – – – – – – – – – – – – – – – – –
J U D G M E N T
14th February, 2007