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. 596 of 2008() ----------------------- AGAINST THE ORDER IN CRLP.1294/2007 CC.71/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... APPELLANT: COMPLAINANT ---------------------- P.APPUKUTTAN, PALOTTUVILA PUTHEN VEEDU, KAZHIVOOR P.O., (VIA) PULLUVILA. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ACCUSED -------------------- 1. MANOHARAN, RAJAVILASOM, KAMUKINCODE, KODANGAVILA P.O., NEYYATTINKARA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.B.RADHAKRISHNA PILLAI FOR R1 SMT.S.AMBIKA DEVI FOR R1 SMT.K.B.REKHA 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.596/2008 -------------------- Dated this the 29th day of August, 2008 JUDGMENT The complainant in C.C.No.71/2003 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara is the appellant herein. The allegation of the complaint is that the accused had issued a cheque for an amount of Rs.2,60,000/- which was dishonoured due to insufficiency of funds. Though a notice of demand was sent, the accused did not make the payment. Hence the complaint. 2. Apparently, the counsel who was originally representing the complainant, passed away in the course of the conduct of the proceedings. But the accused came to know of it only later. 3. Having heard learned counsel on both sides, I am of the opinion that in the circumstances, the complainant is entitled to another chance to prosecute the complaint. 4. Accordingly, the appeal is allowed. Order of Crl.A.596/2008 2 acquittal is set aside and the complaint is restored to file. The Court below shall proceed further with C.C.No.71/2003, in accordance with law. The parties shall appear before the Court below on 17.11.2008. V.GIRI, Judge mrcs