IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 3RD APRIL, 2009 / 13TH CHAITHRA, 1931 CRL.A.No. 711 of 2009 (AGAINST THE JUDGEMENT IN ST.839/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA) .................... APPELLANT: ----------------- M/S.SREE GOKULAM CHIT & FINANCE CO.PVT. LTD., ARCOT ROAD, KODAMBAKKAM, CHENNAI, HAVING ITS BRANCH OFFICE AT MAVELIKKARA REPRESENTED BY THE POWER OF ATTORNEY HOLDER JAMES PHILP, S/O.C.K.PHILIP, LEGAL CLERK, CHIRAMEL BUILDING, IIND FLOOR, BETHEL JUCTION, CHENGANNUR-1, ALLEPPEY DISTRICT. BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENTS/ACCUSED & STATE: -------------------------------------------------- 1. MINI KRISHNA KUMAR, KIZHAKKEDATHU MADAM, KANDIYOOR, MAVELIKKARA. 2. STATE OF KERALA, REPESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.C.M.NAZAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.A.No. 711 of 2009 --------------------------------------------- Dated this the 3rd day of April, 2009 J U D G M E N T This is an appeal, preferred against the order passed by the court below under Section 256(1) of the Code of Criminal Procedure, at the instance of the complainant as he is aggrieved by the said order. Along with the appeal memorandum, the order sheet of the court below is produced. On a perusal of the same, it appears that though the Power of Attorney Holder of the complainant was present and he filed an affidavit on 1.9.2008, thereafter he was continuously absent and he was not available for cross-examination for the accused. Under the above circumstances, the court below passed the impugned order. Therefore, this Court cannot say that the impugned order is incorrect or illegal. 2. But, from the records, it appears that the cheque in question covered for an amount of Rs.1,77,654/- and there is no decision on merit. It is also beyond dispute that an affidavit has already been filed before the court below towards the prosecution of the complaint, but because of the absence of the Power of Attorney Holder of the complainant, the further trial could not be continued. It is also beyond dispute that Crl.A.No. 711 of 2009 :-2-: there is already an order in favour of the accused, who is a lady. Considering the above facts and circumstances of the case, I am of the view that one more opportunity can be given to the complainant to prosecute the complaint but subject to terms. 3. Accordingly, the complainant is directed to deposit a sum of Rs.2000/- (Rupees Two Thousand only) in the court below within one month from today out of which Rs.1000/- (Rupees One Thousand Only) shall be paid to the accused and another sum of Rs.1000/-(Rupees One Thousand Only) shall be deposited to the State Exchequer. In the result, the judgment dated 17.11.2008 in S.T.No.839 of 2007 of the Judicial First Class Magistrate Court-II, Pathanamthitta is set aside and the appellant is directed to appear before the court below on 5th May, 2009 on which date the court below is directed to take the complaint on file and on satisfying that the appellant/complainant has deposited the amount as ordered, the court below shall proceed with the complaint and dispose of the same on merit. This Criminal Appeal is disposed of as above. V.K.Mohanan, MBS/ Judge Crl.A.No. 711 of 2009 :-3-: V.K.MOHANAN, JJ. -------------------------------------------- Crl.A.No. 711 of 2009 :-4-: Crl.A.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -3-2009 Crl.A.No. 711 of 2009 :-5-: