IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 CRL.A.No. 1168 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.194/2007 ST.1536/2004 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... APPELLANT: PETITIONER/COMPLAINANT: ---------------------------------------------------------------- M.HARIDASAN, S/O. CHOYIKUTTY, AYODHYA, FEROKE AMSOM, NALLOOR DESOM, KOZHIKODE. BY ADV. SRI.THOMAS ANTONY RESPONDENTS: ACCUSED AND STATE: ----------------------------------------------------------- 1. K.P.BABURAJ, S/O. APPUTTY, PULLAR PATHATH HOUSE, ODUMBRA P.O., OLAVANNA, KOZHIKODE TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1 SMT.C.G.PREETHA FOR R1 BY PUBLIC PROSECUTOR SRI. PuzHAKKARA MOHAMMED-R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J. ------------------------- CR.A.No.1168 of 2007 ------------------------- Dated this the 27th day of August, 2008. JUDGMENT The complainant in S.T.No.1536/04 on the files of the Judicial Magistrate of the First Class-V, Kozhikode, is the appellant. 2. The calender case arose out of a complaint alleging that the accused had issued a cheque for an amount of Rs.1,75,000/-, which on presentation, was dishonoured. Statutory notice did not elicit any reply. Therefore, the complaint was filed alleging an offence under Section 138 of the Negotiable Instruments Act, 1881 {for short 'the Act'}. 3. Apparently, the case was posted to 28.9.2006 on which date, it was adjourned to 18.10.2006. The counsel for the appellant submits that the advocate's clerk wrongly noted the posting date as 18.11.2006 instead of 18.10.2006 and hence, when the case was called on 18.10.2006 the complainant was absent. 4. Having heard counsel for the appellant and having perused the records of the CR.A.No.1168 of 2007 :: 2 :: court below, I am inclined to hold that the appellant/complainant is entitled to another chance to prosecute the case. Accordingly, the appeal is allowed and the order of acquittal is set aside. The complaint is restored to file. Learned Magistrate shall further proceed with S.T.No.1536/04. The parties are directed to appear before the learned Magistrate on 17.11.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge