IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Crl.Rev.Pet.No. 283 of 2007() ----------------------------- CRA.270/2005 of ADDL. SESSIONS COURT, THRISSUR CC.551/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------------- MANOJ, S/O.PRABHAKARAN, MANANGATH HOUSE, THAMPANKADAVU DESOM, THALIKULAM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): STATE OF KERALA AND LEGAL HEIRS OF ORIGINAL COMPLAINANT 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MAYOORAM FINANCE CORPORATION, THALIKULAM, REP. BY THE LEGAL HEIRS OF ITS MANAGING PARTNER LATE BALAN, REMA BALAN, W/O.MAYOORVEETTIL BALAN, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK. 3. BINISH, S/O.MAYOORVEETTIL BALAN, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK. CRRP 283/2007 2 4. JITHIN, S/O.MAYOORVEETTIL BALAN, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK. 5. MINOR VISHNU, S/O.MAYOORVEETTIL BALAN, THALIKULAM VILLAGE DESOM, CHAVAKKAD TALUK, REP. BY NEXT FRIEND AND GUARDIAN, REMA BALAN, W/O.BALAN, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK. ADV. SRI.R.PADMARAJ FOR R2 TO 5 SRI.N.P.SETHU FOR R2 TO R5 PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = Crl.R.P. No.283 of 2007 = = = = = = = = = = = = = Dated: 17.02.2010 O R D E R Heard both sides. 2. The revision petitioner is the accused in C.C. No.551 of 2002 on the file of the J.F.C.M, Chavakkad which was a prosecution under Sec. 138 of the Negotiable Instruments Act. Aggrieved by the conviction entered and the sentence passed by the learned Magistrate, the revision petitioner filed an appeal before the Additional Sessions Court, Thrissur. The appellate Court as per order dated 13.9.2006 dismissed the appeal for non-representation of the appellant and for non-payment of batta. Both the above grounds are not relevant for disposal of the appeal, otherwise than on merits, it being a first appeal in which the lower appellate court was bound to look into the records and dispose of the appeal on merits. 2. Accordingly, the impugned judgment is set aside Crl.R.P.No.283/2007 -:2:- and Crl.Appeal No.270 of 2005 shall stand restored to file before the Additional Sessions Court, Thrissur with a direction to dispose of the same on merits, after giving both sides an opportunity of being heard. The parties shall appear before the Lower Appellate Court without any further notice, on 15.3.2010. Dated this the 17 th day of February 2010. V. RAMKUMAR, JUDGE. sj