IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 CRL.A.No. 1118 of 2001() ------------------------ CC.NO. 512/1997 OF JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... APPELLANT/ COMPLAINANT: ------------------------------------------ K. KRISHNAN, S/O. VELAYUDHAN NAIR, RESIDING AT WEST HILL, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN. RESPONDENTS/ ACCUSED: ---------------------------------------- 1. K. HARIDASAN, EX-SERVICE PENSIONER, RESIDING AT KOLIYOKH PARAMBA, WEST HILL, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MOHAMMED. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V. GIRI, J. ------------------------------- Crl.Appeal.NO. 1118/ 2001 --------------------------------- Dated this the 25th day of August, 2008. JUDGMENT The complainant in CC.No.512/97 on the files of the JFCM Crout-III, Kozhikode is the appellant. The complaint was one filed alleging that the accused has committed an offence punishable under section 138 of the Negotiable Instruments Act. The sworn statement of the complainant was recorded. Going by the order passed by the court below the complainant was present on several occasions. Apparently on 18.9.1998 though the complainant was absent, he was represented. An application for exemption was also filed. The same was rejected by the court below and the accused was acquitted under section 256(1) of the Cr.P.C. 2. Having heard learned counsel for the appellant Sri.v.V.Surendran and having perused the order passed by the court below, I am satisfied that the complainant is entitled to another chance. Though the accused has been served in this appeal, he has not appeared. CRA.1118 /2001 2 In the result, the appeal is allowed. The order of acquittal is set aside and the complaint is restored to file. The court below shall further proceed with CC.No. 512/1997 in accordance law. Since the accused has not appeared before this court, court below shall issue fresh summons to the accused and then proceed with the complaint. The complainant shall appear before the court below on 13.10.2008. V. GIRI, JUDGE. Pmn/ CRA.1118 /2001 3