IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 CRL.A.No. 2032 of 2009() ------------------------ ST.795/2006 of JUDICIAL FIRST CLASS MAGISTRATE -VIII, THIRUVANANTHAPURAM .................... PETITIONER/COMPLAINANT:- --------------------------------- D.SURENDRAN, JAYASREE BHAVANAM, NEHRU JUNCTION, KAZHAKUTTOM,THIRUVANANTHAPURAM. BY ADV. MS. A.SALINI LAL RESPONDENT/ACCUSED:- ---------------------------- 1. STATE OF KERALA REP:BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. K.SASIDHARAN,VII/47,VSSC,HOUSING COLONY, PALLITHURA,THIRUVANANTHAPURAM. ADV. MR. T.RAJASEKHARAN NAIR FOR R2 MR. S.S.BALU FOR R2 MR. C.M.NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl. Appeal No. 2032 of 2009 ---------------------------------------------------- Dated this the 5th day of October, 2009. JUDGMENT In this appeal filed under Section 378(4) Cr.P.C., the appellant who was the complainant in S.T. No. 795 of 2006 on the file of the Judicial First Class Magistrate-VIII, Thiruvananthapuram, challenges the order of acquittal dated 25.04.2008 passed by the learned Magistrate consequent on the absence of the complainant. 2. Heard both sides. The prosecution was one for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The cheque amount involved is Rs.75,000/-. True, there has been some latches on the part of the appellant. But, that certainly did not deserve an acquittal of the accused under Section 256 Cr.P.C. The impugned order is accordingly set aside and the matter is remitted to the court below for disposal afresh from the stage at which the S.T Case was disposed of. S.T. No. 795 Crl. Appeal No. 2032/2009 : 2 : of 2006 shall stand restored to file for fresh disposal in accordance with law. Both sides shall appear before the learned Magistrate on 29.10.2009 without any further notice. Dated this the 5th day of October, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2032/2009 : 3 :