IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 CRL.A.No. 1884 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.675/2007 Dated 12/09/2007 CC.316/2004 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM APPELLANT: COMPLAINANT: ----------------------- ACCORN PRINTWELL PVT. LTD., RASTRA DEEPIKA BUILDING, PALARIVATTOM, COCHIN-25, REPRESENTED BY ITS MANAGER, K.C. THOMAS. BY ADV. SRI.JOMY GEORGE RESPONDENTS: ACCUSED & STATE: ----------------------------- 1. K. RAMESH KUMAR, SATHYA PHARMA, NO.32, FOURTH CROSS, NARAYANA NAGAR, SELAM-15. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ----------------------------------------------- Criminal Appeal No. 1884 OF 2007 (A) ----------------------------------------------- Dated this the 28th day of August, 2008 J U D G M E N T The complainant in C.C.316/2004 on the files of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam is the appellant herein. The calender case arises on account of the complaint alleging that the accused issued a cheque for an amount of Rs.3,91,200/-. But the cheque was dishonoured for want of sufficient funds on presentation. Apparently, the accused failed to appear in spite of summons and non-bailable warrant had been issued. When the case was called on 23-4-2007 the complainant's counsel could not reach the court in time. There was no representation on behalf of the complainant and the accused was acquitted under Section 256(1) of Cr.P.C. 2. I heard the learned counsel for the appellant. There is no appearance on behalf of the accused. Crl.Appeal No.1884/2007 - 2 - Apparently, it seems to be clear that the complainant was prosecuting the complaint diligently. In the result, the appeal is allowed and order of acquittal is set aside. The complaint is restored to file and the court below shall proceed with C.C.316/2004, in accordance with law. The complainant shall appear before the court below on 17-11-2008. V. GIRI, JUDGE skr