IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 CRL.A.No. 615 of 2008() ----------------------- AGAINST THE ORDER IN CRLP.81/2008 Dated 28/01/2008 CC.712/2006 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... APPELLANT: PETITIONER/COMPLAINANT --------------------------------- TOMICHAN T.V., THATTAMPARAMBIL HOUSE, KALATHOOKADAVU P.O., THALAPPULAM VILLAGE. BY ADV. SRI.SHAJI THOMAS PORKKATTIL RESPONDENTS: STATE & ACCUSED ---------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. VENUS, S/O.AUGUSTINE, THAYYIL HOUSE, TEEKOY P.O. KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS FOR R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.615/2008 -------------------- Dated this the 1st day of September, 2008 JUDGMENT The complainant in C.C.No.712/2006 on the files of the Judicial First Class Magistrate Court, Erattupetta, is the appellant herein. The complaint was instituted alleging an offence punishable under Section 138 of the Negotiable Instruments Act. Going by the stand taken by the complainant herein, due to his absence, proceedings were taken and non bailable warrant had been issued against the accused. Apparently, later the accused entered appearance and was enlarged on bail. On 13.11.2006 itself complainant had filed six documents and a proof affidavit. On 12.12.2007, complainant and the accused were absent. An application was submitted on behalf of the complainant and the case was adjourned to 28.12.2007. It seems that the complainant, due to fever and dental infection, could not participate in the proceedings. An application for condonation though filed was rejected. The accused was acquitted and hence this appeal. Crl.A.615/2008 2 2. In view of the facts narrated above, I am of the view that the complainant is entitled to another chance to prosecute the complaint. Accordingly, the appeal is allowed. Order of acquittal is set aside and the complaint is restored to file. The Court below shall further proceed with C.C.No.712/2006, in accordance with law. Parties shall appear before the Court below on 24.11.2008. V.GIRI, Judge mrcs