IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 CRL.A.No. 76 of 2008() ---------------------- AGAINST THE JUDGEMENT/ORDER DATED 12/11/2007 IN ST.NO.333/07 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, PATHANAMTHITTA (SPECIAL LEAVE TO APPEAL GRANTED BY ORDER DATED 14/12/2007 IN CRL.L.P.NO.1260/2007) .......................... APPELLANT: COMPLAINANT: ---------------------------------------------- THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS POWER OF ATTORNEY C.K.VIJAYAMMA, THE MANAGER, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, KONNI BRANCH. BY ADV. SRI.ANOOP MATHEW ABRAHAM SRI.LATHEESH SEBASTIAN RESPONDENTS: ACCUSED & STATE: --------------------------------------------------------- 1. RATHEESH B.NAIR, KILUNNAMURIYIL VEEDU, IRAVON P.O., PATHANAMTHITTA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSHKUMAR - R2 ADV. SRI.M.T.SURESHKUMAR FOR R1 SRI.V.V.RAJA FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.A.No. 76 of 2008 ------------------------------------------------- Dated this the 18th day of July, 2008 JUDGMENT This appeal is directed against a judgment of acquittal in a prosecution under Sec.138 of the Negotiable Instruments Act. The complaint was dismissed on the ground of non- appearance of the complainant on the date of posting. 2. Both counsel submit that Crl.A.No.75/08 has already been disposed of by another Bench of this Court as per the judgment dated 18/2/08. Facts are identical and this appeal may also be allowed accordingly, submits the learned counsel for the appellant. 3. No serious objections are raised by the learned counsel for the 1st respondent. I am satisfied that for the same reasons shown in the judgment in Crl.A.No.75/08 dated 18/2/08, this appeal can also be allowed. Crl.A.No. 76 of 2008 -: 2 :- 4. In the result: (a) This appeal is allowed. (b) The impugned order of acquittal is set aside. (c) The learned Judicial Magistrate of the First Class, Pathanamthitta, is directed to dispose of S.T.No.333/07 afresh in accordance with law as expeditiously as possible. (d) Parties shall appear before the learned Magistrate on 11/8/08 to continue the proceedings without waiting for any further notice or directions from this Court. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge