IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 CRL.A.No. 1829 of 2007() ------------------------ CC.2470/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... APPELLANT(S): COMPLAINANT ------------------------- M/S.GOSREE PACKS,REPRESENTED BY ITS PARTNER, T.V.T.EASWARAN,POORNASREE, PATHUMURI STREET,MATTANCHERRY,KOCHI-2. BY ADV. SRI.A.V.XAVIER, LILLY ANTOY, JOLLY JOHN K., & THUSHARA JAMES. RESPONDENT(S): ACCUSED ---------------------- 1. T.J.THOMAS,MANAGING PARTNER, M/S.ASIATIC TRADES,C.C.32/1031, SAMSKARA JUNCTION,PALARIVATTOM,COCHIN-24. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ADV. SRI.V.V.ASOKAN FOR R1 SMT.S.AMINA FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------------- CRL.A. No.1829 OF 2007 ---------------------------------------------- Dated, 14th January, 2009. JUDGMENT This is an appeal preferred against the order dated 21.6.2007 of the Judicial First Class Magistrate-II, Ernakulam in C.C.No.2470/2002. The above case was instituted upon a complaint filed by the appellant for the offence under section 138 of the Negotiable Instruments Act. The impugned order is passed by the learned Magistrate under section 256(1) Cr.P.C acquitting the accused as the complainant was absent on the date of the order. 2. The allegation in the complaint is that the accused had issued a cheque for an amount of Rs.1,50,000/- which was dishonoured on presentation and therefore, the complainant approached the court by filing a complaint under section 138 of the N.I.Act. From the impugned order, it appears that for the last four posting dates, the complainant was absent and there was no representation. So it is discernible from the order that on 19.5.2007, the case was adjourned showing that no further time will be granted. On 25.5.2007 it was adjourned as last chance and again on 12.6.2007, it was adjourned stating that no further time will be granted and on 12.6.2007, it was again adjourned as a final CRL.A. 1829/2007 -:2:- chance to 21.6.2007. But on 21.6.2007 also, the complainant was not present and no evidence was adduced. He was also not represented. In the above circumstances, the court below acquitted the accused under section 256(1) Cr.P.C. I find no illegality with the above orders. Going by the averments contained in the appeal memorandum, it appears to me that no reason is made out to interfere with the order passed by the court below. Accordingly there is no merit in the appeal and the same is dismissed. V.K.MOHANAN, JUDGE kvm/- CRL.A. 1829/2007 -:3:- V.K.MOHANAN, J. No.... Judgment/Order Dated: