IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 CRL.A.No. 817 of 2003() ----------------------- (CC.178/1999 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD) .................... APPELLANT(S): (COMPLAINANT): -------------------------------------------------- B.UDAYAKUMAR, S/O. VENKATARAMANA BHAT, ANANGOOR, KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN RESPONDENT(S): (ACCUSED): ---------------------------------------------- 1. SATHYANARAYANA K.M., S/O. KUNHIRAMA MANIYANI, MINCHIPADAVU HOUSE, P.O. KUNTAR, KASARAGOD TALUK. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.H.B.SHENOY, SRI.THOMAS P.MAKIL, SMT.LAKSHMI B.SHENOY, SRI.ABU MATHEW, SRI.SOBHAN GEORGE. R2 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.A.No.817 of 2003 ---------------------------------------------------- Dated this the 15th day of July, 2011 Judgment The complainant in C.C.No.178 of 1999 on the file of the C.J.M., Kasaragod is the appellant. The complaint was filed alleging commission of offence under Section 138 of the N.I.Act. When the case was called on 10.1.2003, the complainant and the counsel were not present. The learned CJM acquitted the accused under Section 256(1) Cr.P.C. Even in the impugned order, the learned Magistrate has stated that the complainant and his counsel were actually present earlier but not present when case was called again. Therefore, it cannot be said that the complainant wilfully absented himself. Learned counsel for the complainant submits that the complainant was always ready to prosecute the matter. I find that the order of acquittal passed by the learned Magistrate is unsustainable. It is hence set aside. The case is remanded to the C.J.M.Court, Kasaragod for fresh disposal. The parties will appear before the C.J.M.Court, Kasaragod on 3rd August, 2011. The learned CJM will dispose of the matter at the earliest taking note of the fact that the Crl.A.817/03 2 complaint was filed in the year 1999. The Crl.Appeal is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.A.817/03 3