IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 CRL.A.No. 1188 of 2010() ------------------------ ST.200/2010 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... APPELLANT: ------------------ RAMACHANDRAN.S ,AGED 43, NO.444 MURALI MANDIRAM, INCHACKAL COMPOUND, PAIKADA ROAD,KOLLAM BY ADV. SRI.PRATHEESH.P RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SALEEM SIDDIQUE, AGED 50 PROPRIETOR, M/S. RAIBAN HARDWARES RAIBAN COMPLEX BOAT JETTY ROAD, ALAPPUZHA AND RESIDING AT SIDDIQUE MANZIL, EAST OF KIDANGAPARAMBU TEMPLE THATTAMPALLY PO, ALAPPUZHA 688013 THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A No. 1188 of 2010 ---------------------------------------- Dated the 25th Day of June, 2010 JUDGMENT The complainant in a prosecution for the offence under section 138 of the Negotiable Instruments Act, as he is aggrieved by the order of acquittal recorded by the trial court under section 256(1) Cr.P.C., filed this appeal. 2. The learned counsel submitted that originally the complaint was filed in the Chief Judicial Magistrate Court, Kollam, where the same was received on file as S.T.No.1242/2008 and thereafter it was posted for appearance of the accused on 18.1.2010 and subsequently it was posted to 7.4.2010. According to the learned counsel, the case was subsequently transferred to the court of Judicial First Class Magistrate-III, Kollam which is also a Munsiff's court and there the case stood posted on 22.4.2010. According to the learned counsel, neither the complainant nor his counsel was aware of the transfer of the case to the present trial court and also about the assigning of new number to the case. The learned counsel submitted that the complainant did not expect the posting of the case in the Munsiff's court. CRL.A. NO.1188/10 -:2:- 3. It is relevant to note that there is no details as to whether the accused was present or whether he was represented by the counsel in the JFCM court-III, Kollam on 23.4.2010, on 29.4.2010 and also 30.4.2010 on the date of the impugned order. Normally, transfer of cases are made with notification and the parties and counsels are expected to note the transfer of the case. In the appeal memorandum or at the time of hearing the matter, there is grievance that the case was transferred without proper notification. Therefore, I find no illegality in the order passed by the learned Magistrate. 4. However, it is relevant to note that the cheque in question covers an amount of 1,50,000/- and the complainant was vigilantly prosecuting the matter when the case was pending in the CJM Court. Even if there is a lapse either on the part of the complainant or on the part of the counsel representing him, the same shall not be taken as a ground to deny an opportunity to the complainant to prosecute the matter in the light of the facts mentioned above. Therefore I am of the view that the complainant can be granted one more opportunity to prosecute the matter on merit. In the result, this Crl.Appeal is disposed of setting aside the CRL.A. NO.1188/10 -:3:- order dated 30.4.2010 in S.T.No.200/10 of the court of Judicial First Class Magistrate-III, Kollam on condition that the appellant/complainant deposits a sum of Rs.1,500/- before the court below. Accordingly, the appellant/complainant is directed to appear before the Judicial First Class Magistrate court-III, Kollam on 26.7.2010 on which date the learned Magistrate is directed to restore the complaint on file and on his satisfaction that the complainant deposits a sum of Rs.1500/-, proceed further in accordance with the procedure and law and dispose of the same on merit. Out of Rs.1500/- on deposit, a sum of Rs. 1,000/- shall be paid to the accused on his appearance and the remaining amount shall be deposited into the State Exchequer. This Crl.Appeal is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.A. NO.1188/10 -:4:- O.P.No. JUDGMENT Dated:..