IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 CRL.A.No. 1782 of 2009() ------------------------ CC.506/2007 of ADDL. MUNSIFF & JUDL. FIRST CLASS MAGISTRATE, IRINJALAKUDA .................... APPELLANT/ COMPLAINANT:- --------------------------------- JYOTHISH, S/O. AYNIKKADAN RAMAKRISHNAN, MUDIKKODU DESOM, PANANCHERI VILLAGE, THRISSUR TALUK. BY ADV. MR. P.SANTHOSH (PODUVAL) MS. R.RAJITHA RESPONDENTS/ACCUSED & STATE:- ---------------------------------------- 1. PREBHAKARAN NAIR, S/O. THAZHEKKATT KUNCHUKUTTY AMMA, RESIDING AT MADAMVAZHI, NAYARANGADI DESOM, KALLUR VILLAGE, MUKUNDAPURAM TALUK. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. G.SREEKUMAR (CHELUR) FOR R1 MR. K.RAVI (PARIYARATH) FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 1782 of 2009 ------------------------------------------------------------ Dated this the 10th day of November, 2009. JUDGMENT In this appeal filed by the complainant in C.C. No. 506 of 2007 on the file of the Addl. Munsiff & Judicial First Class Magistrate, Irinjalakuda, he challenges the order dated 15.10.2008 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.1,50,000/-. 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. 506 of 2007 shall stand restored to file and shall be Crl. Appeal No. 1782 of 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 07.12.2009 without any further notice. This appeal is disposed of as above. Dated this the 10th day of November, 2009. V. RAMKUMAR, JUDGE. Crl. Appeal No. 1782 of 2009 : 3 :