IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1941 of 2007()
1. T.M.BABY,
... Petitioner
Vs
1. N.S.VIJAYAN,
... Respondent
2. M.N.MOHANAN,
3. ABDUL HAKKIM K.K.,
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.V.SABU
For Respondent :SRI.K.RAMAKUMAR (SR.)
Dated :14/07/2008
O R D E R
R. BASANT, J.
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Crl.A.No. 1941 of 2007
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Dated this the 14th day of July, 2008
JUDGMENT
The appellant is the complainant in a private complaint
filed alleging offences punishable, inter alia, under Section 420
I.P.C. When the case came up for hearing on 22.7.2008 the
petitioner and his counsel were not present. Absence was noted
and the complaint was dismissed under Section 256(1) Cr.P.C.
The learned counsel for the appellant submits that the appellant
was prosecuting the complaint diligently before the JFMC,
Kolencherry.
2. Earlier the case was pending before the ACJM,
Ernakulam. After the case was received by the JFMC,
Kolencherry the petitioner had not received notice. He was out
of the State in connection with his work. The appellant’s wife
had received the notice, but the appellant could not appear in
time before the Court. It was in these circumstances that the case
was dismissed on 22.7.2008. The learned counsel for the
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appellant prays that a lenient view may be taken and the appellant may
be given an opportunity to prosecute the complaint and substantiate
his contentions. There are other cases between the parties pending
before the JFMC, Kolencherry now. The respondent has entered
appearance. The application is opposed.
3. Having considered all the relevant circumstances, I am
persuaded to agree that the appellant/complainant can be given an
opportunity to further prosecute his complaint. Specific directions can
be issued. Notwithstanding the opposition by the respondent, I am
satisfied that the prayer can be allowed.
4. This appeal is allowed. The impugned order of acquittal and
dismissal of the complaint is set aside. The JFMC, Kolencherry is
directed to dispose of C.C. 704 of 2006 afresh in accordance with law.
Both sides shall appear before the JFMC, Kolencherry on 11.8.2008 to
continue further proceedings. The learned JFMC, Kolencherry shall
ensure that this case, which is seen filed as early as in 2003, is disposed
of as expeditiously as possible, at any rate, within a period of six
months from 11.8.2008.
(R. BASANT)
Judge
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