IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 CRL.A.No. 2062 of 2007() ------------------------ CC.174/1998 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... APPELLANT/COMPLAINANT:- ----------------------------- M.A. THOMAS, MULLOOKUNNEL HOUSE, RAMAPURAM BAZAR P.O., PALA. BY ADV. MR. RAJEEV V.KURUP RESPONDENTS/ACCUSED:- ------------------------------ 1. K.J. THOMAS, CHAKKAMKUNNEL HOUSE, AMANAKARA P.O., RAMAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. V.PHILIP MATHEW MR. C.M. KAMMAPPU, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl. Appeal No. 2062 of 2007 ---------------------------------------------------- Dated this the 11th day of December, 2009. JUDGMENT Heard both sides. 2. The appellant who was the complainant in C.C No. 174 of 1998 on the file of the Judicial First Class Magistrate, Pala, challenges the order dated 30.07.1999 passed by the said Magistrate acquitting the accused under Section 256(1) Cr.P.C with regard to a prosecution instituted on a private complaint involving a cheque dated 08.12.1997 for Rs.80,000/- 3. The court below passed the impugned order due to the absence of the appellant and his counsel on the date on which the complaint was posted. There might have been some latches on the part of the appellant in not appearing before the court below on the date of posting. But, he certainly did not deserve an order of acquittal otherwise than on merits. The learned counsel appearing for the 1st respondent/accused submits that the actual amount due under the cheque was only Rs.12,000/- and the 1st respondent is willing to pay Rs.15,000/- to the appellant. The learned counsel for the appellant submits that his Crl.A. No. 2062/2007 : 2 : instructions are that the matter could be talked over in case the appeal is remanded to the court below for fresh disposal. In as much as the impugned order disposing of C.C. No. 174 of 1998 otherwise than on merits cannot be sustained, the same is set aside and the matter is remitted to the court below for disposal afresh. C.C No. 174 of 1998 shall stand restored to file. The parties shall appear before the court below without any further notice on 11.01.2010. I make it clear that the court below can explore the possibility of settlement through the Lok Adalath, in case the parties are willing for a settlement. Dated this the 11th day of December, 2009. V. RAMKUMAR, JUDGE. rv Crl.A. No. 2062/2007 : 3 : V. RAMKUMAR, J. ------------------------------------ Crl. Appeal No. 2062 of 2007 ---------------------------------------- 11th day of December, 2009. JUDGMENT Crl.A. No. 2062/2007 : 4 :