IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 CRL.A.No. 1079 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.379/2007 Dated 15/06/2007 ST.1538/2005 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... APPELLANT: COMPLAINANT: ----------------------- CENTRAL BANK OF INDIA, M.G.ROAD, ERNAKULAM BRANCH, COCHIN 682 035, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.E.R.VENKATESWARAN RESPONDENTS: RESPONDENTS: ------------------------- 1. MR.M.K.THOMAS, MINI VILLA, T & R CROSS ROAD, THOPPUMPADY, COCHIN 682 025. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI ADV. SRI.P.V.GEORGE(PUTHIYIDAM) FOR R.1 SMT.S.HEMA FOR R.1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.Appeal No.1079 of 2007 ------------------------------------- Dated this the 2nd day of July, 2008 JUDGMENT Appellant is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance was taken in 2005. The complainant had taken all necessary steps. The accused had also entered appearance. Proof affidavit was also filed by the complainant. The accused had asked for time and time was being given from time to time to settle the disputes. The matter has not been settled. The case stood posted to 09.02.07. But unfortunately the appellant/complainant and his counsel noted the date as 09.04.07. Consequently when the case was called on 09.02.07, there was no representation. The learned Magistrate adjourned the case to 14.02.07. On that day also, the appellant/complainant was not present. The learned Magistrate accordingly dismissed the complaint under Section 256 Cr.P.C. It is prayed that the said order may be set aside in this appeal and the appellant may be given an opportunity to prosecute his complaint. Crl.Appeal No.1079 of 2007 2 2. The respondent has entered appearance. Counsel prays for time to settle the disputes. 3. I am satisfied, in these circumstances, that the impugned order of acquittal under Section 256 Cr.P.C can be set aside and the complainant can be given an opportunity to prosecute his complaint. 4. In the result : i) This appeal is allowed; ii) The impugned order under Section 256 Cr.P.C is set aside; iii) The learned Magistrate is directed to dispose of S.T.No.1538 of 2005 afresh in accordance with law. Both parties shall appear before the learned Magistrate on 28.07.08 without waiting for any further directions from court. The learned Magistrate shall dispose of the case as expeditiously as possible. (R.BASANT, JUDGE) rtr/-