IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 CRL.A.No. 1482 of 2010 --------------------------------- [ST.NO.958/2008 OF J.F.C.M.C- III, KANJIRAPPALLY] .................... APPELLANT/COMPLAINANT: ----------------------------------------- THOMAS CHACKO, ILLICKAL HOUSE, PANACKACHIRA BHAGOM, ERUMELY NORTH VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. K.P.SATHEESHKUMAR, KALLUTHOTTIYIL, 36TH MILE, MUNDAKAYAM EAST P.O. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.KURUVILLA JACOB, R2 BY PUBLIC PROSECUTOR SRI. C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.K.MOHANAN, J. ---------------------------------------- Crl.A No.1482 of 2010 ---------------------------------------- Dated the 4th Day of August 2010 JUDGMENT Aggrieved by the order of acquittal recorded by the trial court under section 256(1) Cr.P.C., in favour of the accused in a prosecution for the offence under section 138 of the N.I.Act, initiated at the instance of the appellant, this appeal is preferred. 2. The learned counsel for the appellant submitted that the cheque in question covers an amount of Rs.50,000/- and initially, the complaint was filed before the Judicial First Class Magistrate-I, Kanjirappally, where cognizance was taken and subsequently, the case was transferred to the Judicial First Class Magistrate-III, Kanjirappally and the transfer and the posting of the case in the JFCM-III were omitted to note down by the counsel for the complainant. Therefore, the learned counsel submitted that one more opportunity may be granted to the appellant to CRL.A. 1482/10 -:2:- prosecute the matter on merit. 3. Though cognizance was already taken upon the complaint preferred by the complainant, so far there is no decision on merit. As the impugned order is in a printed form, the reasons for issuing the order under section 256(1) Cr.P.C, is not gatherable. Having regard to the facts and circumstances involved in the case, especially, the amount involved in the case is Rs.50,000/-, I am of the view that one more opportunity can be given to the complainant but subject to terms. In the result, this appeal is disposed of setting aside the order dated 13.2.2009 in C.C. No.958/2008 of the court of Judicial First Class Magistrate-III, Kanjirappally on condition that the appellant/complainant depositing a sum of Rs.2000/- in the trial court. Accordingly, the appellant is directed to appear before the trial court on 6.9.2010 on which date the learned Magistrate is directed to restore the complaint on file and on satisfaction that CRL.A. 1482/10 -:3:- the appellant deposits the above amount as directed, the learned Magistrate is further directed to proceed in accordance with the procedure and law and to dispose of the same on merit On deposit of the above amount, a sum of Rs.1000/- shall be paid to the accused on his appearance and the remaining amount shall be deposited into the State Exchequer. The Crl.appeal is disposed of accordingly. V.K.MOHANAN, kvm/- JUDGE