IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 CRL.A.No. 1383 of 2010() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.655/2010 ST.318/2009 of JUDICIAL FIRST CLASS MAGISTRATE-VI, THIRUVANANTHAPURAM. .................... APPELLANT(S)/COMPLAINANT :- ---------------------------------------------- SECRETARY, PATTOM SERVICE CO-OPERATIVE BANK LTD.NO.1318, KANNAMOOLA, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.PADMAKUMAR RESPONDENT(S) :- ------------------------- 1. OMANA, D/O.JAGADHAMMA, T.C.7/273, THOPPIL VEEDU, MUCKOLACKAL, ATTIPRA.P.O., THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR MR.M.R.VENUGOPAL FOR R2 THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ~~~~~~~~~~~~ Crl.A.No.1383 of 2010 ~~~~~~~~~~~~~~~~ Dated this the 15th day of July 2010 J U D G M E N T The complainant in a prosecution for the offence under Sec.138 of the N.I.Act is the appellant, as he is aggrieved by the order of acquittal recorded by the trial court under Sec.256(1) of Cr.P.C. 2. The learned counsel for the appellant submitted that the appellant was prosecuting the matter vigilantly but the case was adjourned for a settlement not only at the instance of the complainant but the accused had also sought adjournment for the same. It is also the submission of the learned counsel that the complainant was under the bonafide belief that the matter would be settled before 7.5.2010 and it was under the above impression, neither the representative of the complainant nor himself was present in the court. 3. Having regard to the facts and circumstances Crl.A.No.1383 of 2010 -: 2 :- involved in the case, I am of the view that the court ought not to have issued an order under Sec.256(1) of Cr.P.C., especially when the complainant is a co-operative institution and the case was previously adjourned on several occasions for settlement. Therefore, I am of the view that one more opportunity can be given to the complainant to prosecute the matter on merit. In the result, this appeal is disposed of setting aside the order dated 7.5.2010 in S.T.No.318/2009 of the court of Judicial First Class Magistrate-VI, Thiruvananthapuram. Accordingly, the complainant/ appellant is directed to appear before the trial court on 17th August, 2010 on which date, the learned Magistrate is directed to restore the complaint on file and to proceed with the same in accordance with procedure and law and dispose the same on merit. V.K.MOHANAN, JUDGE. Jvt