IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 2455 of 2007()
1. RADHA, D/O. VIJAYAN NAIR
... Petitioner
Vs
1. GEETHA W/O. UNNIKRISHNAN,
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.B.PREMNATH (E)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.GIRI
Dated :27/08/2008
O R D E R
V.GIRI, J.
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CR.A.No.2455 of 2007
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Dated this the 27th day of August, 2008.
JUDGMENT
The complainant in C.C.No.193/06 on the
files of the Judicial Magistrate of the First
Class, Chalakkudi, is the appellant herein.
2. The calender case arose out of a
complaint filed by the complainant against the
1st respondent alleging an offence under Section
138 of the Negotiable Instruments Act, 1881 {for
short ‘the Act’}. The allegation against the
accused is that she had issued a cheque. When
it was presented, it was dishonoured for want of
sufficient funds. In spite of the statutory
notice, the amount was not paid. The sworn
statement of the complainant was taken and
summons was issued to the accused. According to
the complainant, she was present on 21.4.2006,
28.6.2006, 30.3.2007, 8.6.2007 and 9.7.2007.
She was absent on 27.9.2007 on which date,
finding that the complainant is absent, the
court below proceeded to acquit the accused
CR.A.No.2455 of 2008
:: 2 ::
under Section 256(1) of the Code of Criminal
Procedure. Hence this appeal.
3. A copy of the order sheet in
C.C.No.193/06 is made available for my perusal.
The version given by the complainant seems to be
correct.
4. In the above circumstance and having
heard counsel for the appellant, I am of the
view that the appellant must be given another
opportunity to prosecute the case.
Accordingly, the appeal is allowed and
the order of acquittal is set aside. The
complaint is restored to file. Learned
Magistrate shall further proceed with
C.C.No.193/06. The parties are directed to
appear on 24.11.2008.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. To Judge