IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 7TH MARCH 2007 / 16TH PHALGUNA 1928 CRL.A.No. 390 of 2005() ----------------------- ST.3397/1999 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... APPELLANT: COMPLAINANT -------------- SURESH RAJ, MANNOOPARAMBIL, THIRUVAMTHUCHAL, KOTTAYAM. BY ADV. SRI.P.RAVINDRA BABU RESPONDENTS: ACCUSED & STATE OF KERALA ------------------ 1. NATARAJAN N., AMBALAKUNNEL HOUSE, PERUMBAIKADU P.O., PARAMPUZHA, KOTTAYAM, (PROPRIETOR, NARAYANA JEWELLERS, KOTTAYAM) 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED. SRI.M.NARENDRA KUMAR SMT.LEENA KRISHNAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M. JAMES, J. ------------------------------- Criminal Appeal No. 390 of 2005 ------------------------------- Dated this the 7th March, 2007. J U D G M E N T The complainant and accused were before the court below, Judicial First Class Magistrate Court-III, Kottayam, a complaint having preferred by the complainant, under Section 138 of the Negotiable Instruments Act, against the first respondent. On the appointed day, when the case was posted for evidence, the complainant was absent, and an application was made. But the application was dismissed, as the case was posted for adducing evidence, by the complainant, as the last chance, and the accused was acquitted. Hence, this appeal after obtaining leave. 2. On appreciating the facts that are available on record, I am of the view that an opportunity be given to both sides to adduce evidence, and dispose of the matter on merit. 3. Therefore, I set aside the impugned order, dated 12.11.2001, and restore S.T.No.3397/1999, to the file of the Judicial First Class Magistrate Court-III, Kottayam. Crl.A.No.390 of 2005 2 4. The parties shall appear before the court below on 12.4.2007. 5. The learned Magistrate shall dispose of the matter, within three months, from the date of appearance of the parties, as this case was filed in the year 1999, and pending so long. Criminal Appeal is allowed as above. J.M. JAMES, JUDGE nj.