IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 CRL.A.No. 2020 of 2008() ------------------------ ST.1087/2004 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... APPELLANT/COMPLAINANT:- ------------------------------- MANOJ P.C., S/O.CHANDRAN, PUTHENVEETTIL HOUSE, RAMAPURAM P.O. BY ADV. MR. S.PRASANTH RESPONDENTS/ RESPONDENT & STATE:- ---------------------------------------------- 1. V.P.SOMANATHAN, VALLUVASSERY HOUSE, ERATTAYAR NORTH P.O., IDUKKI DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No. 2020 of 2008 ------------------------------------------------------------ Dated this the 23rd day of December, 2009. JUDGMENT In this appeal filed by the complainant in S.T. No.1087 of 2004 on the file of the Judicial First Class Magistrate, Pala, he challenges the order dated 02.09.2005 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. S.T. No. 1087 of 2004 shall stand restored to file and shall be Crl. A. No. 2020/2008 : 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 18.01.2010 without any further notice. This appeal is disposed of as above. Dated this the 23rd day of December, 2009. V. RAMKUMAR, JUDGE. Crl. A. No. 2020/2008 : 3: