IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 241 of 2007()
1. T.J.THOMAS,
... Petitioner
Vs
1. PRADEEP KUMAR,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :SRI.NAGARAJ NARAYANAN
The Hon'ble MR. Justice V.GIRI
Dated :04/09/2008
O R D E R
V.GIRI, J
-------------------
Crl.A.241/2007
--------------------
Dated this the 4th day of September, 2008
JUDGMENT
The complainant in C.C.No.128/2005 on the files of
the Judicial First Class Magistrate Court-I, Thrissur, is the
appellant herein. The calender case arose out of a
complaint alleging that the accused had committed an
offence punishable under Section 138 of the Negotiable
Instruments Act. According to the complainant, he was
present on most of the days. But on 26.8.2006, he could
not appear before the Court below, since he was laid up
due to illness. He had instructed the counsel to seek an
exemption from his appearance. On the ground that no
medical certificate was produced by the complainant and
the reason for his non appearance did not prima facie
appear to be genuine, the accused was acquitted under
Section 256(1) of Cr.P.C. Same has been challenged in
this appeal.
2. Having heard learned counsel for the appellant and
having found that there was no persistent default on the
Crl.A.241/2007
2
part of the complainant, I am of the view that the
complainant is entitled to another chance to prosecute
the complaint.
3. Accordingly, the appeal is allowed. Order of
acquittal is set aside and the complaint is restored to file.
The Court below shall further proceed with
C.C.No.128/2005, in accordance with law.
Parties shall appear before the Court below on
24.11.2008.
V.GIRI,
Judge
mrcs