IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 CRL.A.No. 428 of 2007() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.122/2007 Dated 26/02/2007 CC.1824/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... APPELLANT/COMPLAINANT: ------------------------------------------ M/S STAR TOURS & TRAVELS(INDIA)P.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, JEFFCELY FERNANDEZ, M.G.ROAD, NEAR SHIPYARD, KOCHI-15. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS/ ACCUSED & STATE: ---------------------------------------------------- 1. A.M.PERUMAL, MANAGER, SOUDI ARABIAN AIRLINES, G.S.A.ARAFAT TRAVELS(P)LTD VALAMATTAM EASTE, M.G.ROAD, KOCHI-15, NOW AT FAYEDA TRAVELS, P.K.C.TOWERS, OPPOSITE MLA HOSTEL, THIRUVANANTHAPURAM-34. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.PRAKASH P.GEORGE FOR R1 SRI.B.PREMNATH FOR R1 PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.428/2007 -------------------- Dated this the 4th day of September, 2008 JUDGMENT The complainant in C.C.No.1824/2004 on the files of the Judicial First Class Magistrate Court-II, Kochi, is the appellant herein. The calender case arose out of a complaint filed by the complainant alleging that the accused had issued three cheques for an amount of Rs.3,00,000/- towards discharge of a liability. But, cheques when presented for collection, were dishonoured for want of sufficient funds. The complainant makes reference to various dates on which the complaint was posted and contends that he was present on most of those days. In fact, since the accused had not appeared in time, non bailable warrant had also been issued against him. On 20.7.2006 the complainant was present and Exts.P1 to P11 were marked. The accused prayed for an adjournment and the matter stood posted to 4.8.2006, on which date also the complainant was present. An additional document was also produced. The case was then stood posted to 10.8.2006 and 16.9.2006. The appellant was present on that days. It was then adjourned Crl.A.428/2007 2 to 4.11.2006 for examination on which date it was adjourned by notification to 22.1.2007, which according to the appellant was wrongly noted by the advocate clerk as 23.1.2007. In the circumstances when the case was called on 22.1.2007, there was no representation on the part of the complainant and the accused was acquitted under Section 256(1) of Cr.P.C. Same has been challenged in this appeal. 2. Having heard learned counsel for the appellant and having perused the records and in view of the facts narrated above, 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 and the complaint is restored to file. The Court below shall further proceed with C.C.No.1824/2004 in accordance with law. Parties shall appear before the Court below on 17.11.2008. V.GIRI, Judge mrcs