IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 CRL.A.No. 1667 of 2009() ------------------------ ST.311/2008 of CHIEF JUDICIAL MAGISTRATE, KOLLAM .................... APPELLANT/COMPLAINANT:- ----------------------------------------------- THE KOLLAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.Q 167, KOLLAM. REPRSENTED BY SRI.VASANTHAKUMAR, AGED 49 YEARS, S/O.BALAKRISHNA KURUP, PILLAI VEEDU, MURUKUMON, NILAMEL, KOLLAM. BY ADV. MR. UNNI. K.K. (EZHUMATTOOR) RESPONDENTS/ACCUSED:- -------------------------------------------- 1. BABU, S/O.PONNAPPAN, ST.XAVIERS COLONY, THAMARAKKULAM ANDAMUKHAM, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. JOHNSON GOMEZ FOR R1 MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 1667 of 2009 ------------------------------------------------------------ Dated this the 19th day of November, 2009. JUDGMENT In this appeal filed by the complainant in S.T. No. 311 of 2008 on the file of the Chief Judicial Magistrate, Kollam, he challenges the order dated 03.07.2009 passed by the Magistrate acquitting the accused under Section 256(1) Cr.P.C due to the non-appearance of the complainant. The prosecution was one under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.1,00,000/-. 2. Heard both sides. No doubt, there has been some latches on the part of the appellant in not appearing before the court below. But, that certainly did not deserve an acquittal of the accused otherwise than on merits. Accordingly, the impugned order is set aside and the matter is remitted to the court below for disposal afresh. S.T. No.311 of 2008 shall stand restored to file and shall be disposed of in accordance with law after giving both sides Crl. Appeal No. 1667/2009 : 2 : an opportunity of being heard. The parties shall appear before the court below on 14.12.2009 without any further notice. This appeal is disposed of as above. Dated this the 19th day of November, 2009. V. RAMKUMAR, JUDGE. Crl. Appeal No. 1667/2009 : 3 :