IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 CRL.A.No. 2123 of 2009() ------------------------ CC.317/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... APPELLANT/COMPLAINANT:- ------------------------------------------- JAIN K.J., S/O. K.C. JOSEPH, KARIYATTIL VEETTIL HOUSE, P.O. ASHTAMICHIRA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR. P.SANTHOSH (PODUVAL) RESPONDENTS/ACCUSED & STATE:- ------------------------------------------ 1. C.I. NOUSHAD, CHELOORVEETTIL HOUSE, P.O. OLLUKARA, KUNNATHUMKARA, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.VIJAYA BHANU FOR R1 MR. M.REVIKRISHNAN FOR R1 MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 2123 of 2009 ------------------------------------------------------------ Dated this the 15th day of October, 2009. JUDGMENT In this appeal filed by the complainant in C.C. No.317 of 2007 on the file of the Judicial First Class Magistrate-I, Thrissur, he challenges the order dated 07.06.2008 passed by the Magistrate acquitting the accused under Section 256 (1) Cr.P.C due to the non-appearance of the complainant. The prosecution was one under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.75,000/-. 2. Heard both sides. No doubt, there has been some latches on the part of the appellant in not appearing before the court below. But, that certainly did not deserve an acquittal of the accused otherwise than on merits. Accordingly, the impugned order is set aside and the matter is remitted to the court below for disposal afresh. C.C. No. 317 of 2007 shall stand restored to file and shall be Crl. Appeal No. 2123/2009 : 2 : disposed of in accordance with law after giving both sides an opportunity of being heard. The parties shall appear before the court below on 09.11.2009 without any further notice. This appeal is disposed of as above. Dated this the day of October, 2009. V. RAMKUMAR, JUDGE. Crl. Appeal No. 2123/2009 : 3 :