IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 CRL.A.No. 1710 of 2007() ------------------------ CC.794/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... APPELLANT: COMPLAINANT ---------------------- S. MINI WILFRED, W/O.WILFRED, MINI MONDIRAM, NEDUMTHARAPARAMBU HOUSE, PALARIVATTOM P.O., COCHIN-25. BY ADV. SRI.S.ABDUL SALAM RESPONDENTS: ACCUSED -------------------- 1. M.C.NIJUMON, S/O.CHITHAMBARAM, CC 33/2354-A, MUDAVATHIL HOUSE, PONNURUNNI, VYTILA P.O., COCHIN-19. 2. THE STATE OF KERALA, REP. BY THE DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA. BY ADV. SRI.T.MADHU FOR R1 SRI.A.SAIN PAUL FOR R1 PP SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 29/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.1710/2007 -------------------- Dated this the 29th day of August, 2008 JUDGMENT The complainant in C.C.No.794/1999 on the files of the Judicial First Class Magistrate-II, Ernakulam is the appellant herein. The calender case arises out of a complaint involving an offence punishable under Section 138 of the Negotiable Instruments Act. 2. The case of the complainant is that the complainant was present on most of the posting dates. On 16.11.2000, the counsel could not be present as she was laid up. It was therefore that there was no representation. 3. Having heard learned counsel on both sides and having perused the records, I am of the view that the complainant is entitled to another chance to prosecute the complaint. Accordingly, the appeal is allowed. Order of acquittal is set aside. The Court below shall further proceed with C.C.No.794/1999 in accordance with law. Crl.A.1710/2007 2 Parties shall appear before the Court below on 17.11.2008. V.GIRI, Judge mrcs