IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL A No. 791 of 2003()
1. P.PRAMOD, T.C. NO. 43/431, THAIKOOTTAM,
... Petitioner
Vs
1. SMT. VASANTHAKUMARI P.K.,
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent :SRI.S.RAJASEKHARAN NAIR
The Hon'ble MR. Justice J.M.JAMES
Dated :09/02/2007
O R D E R
J.M.JAMES, J.
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Crl.A.791/2003 (B)
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Dated this the 9th day of February, 2007
JUDGMENT
The counsel as well as the complainant were
absent before the Court below, when the complaint,
preferred under Section 138 of the Negotiable
Instruments Act, in short ‘the Act’, was taken up.
Therefore, the accused was acquitted. After obtaining
special leave, the complainant had filed this appeal.
2. The only ground urged by the learned counsel
for the appellant is that the clerk of the advocate had
noted the date wrongly and, therefore, neither the counsel
nor the complainant could be present on the appointed
date.
3. After considering the materials on record, I am
of the opinion that an opportunity be given to both the
parties to establish their contentions, on adducing
evidence. To enable the same, I am inclined to set aside
the impugned order.
Crl.A.791/2003
2
4. In view of the above facts situation, I set
aside the impugned order dated 13.2.2003 and restore
C.C.No.144/2002 to the file of the Judicial Magistrate of
First Class-V (Special Court for Mark list Cases),
Thiruvananthapuram. The learned Magistrate is
directed to dispose of the same, within three months
from the date of appearance of the parties.
5. The parties shall appear before the Court
below on 14.3.2007.
The appeal is allowed as above.
J.M.JAMES
JUDGE
mrcs