IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 CRL.A.No. 2066 of 2009() ------------------------ CC.1247/2003 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... APPELLANT: PETITIONER/COMPLAINANT:- ---------------------------------------------- T.P.PRAVEEN CHANDRAN, S/O.PRABHAKARAN, AGED 51 YEARS, THANDASSERI PARAMBIL, XLI/3491, OLD RAILWAY STATION ROAD, ERNAKULAM, COCHIN - 682 018. BY ADV. MR. PEEYUS A.KOTTAM MR. RENJITH THOMAS RESPONDENTS/STATE AND ACCUSED:- -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. 2. N.RAVINDRAN, POLACHIRA VEEDU, SASTRI JUNCTION, KOLLAM - 691 001. ADV. MR. P.VIJAYA BHANU FOR R2 MR. VIPIN NARAYAN FOR R2 ADV. MS. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 2066 of 2009 ------------------------------------------------------------ Dated this the 9th day of October, 2009. JUDGMENT In this appeal filed by the complainant in C.C. No. 1247 of 2003 on the file of the Judicial First Class Magistrate, Kolencherry, he challenges the order dated 14.01.2008 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.39,000/-. 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. 1247 of 2003 shall stand restored to file and shall be Crl. Appeal No. 2066/2009 : 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 29.10.2009 without any further notice. This appeal is disposed of as above. Dated this the 9th day of October, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2066/2009 : 3 :