IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 CRL.A.No. 1449 of 2007() ------------------------ AGAINST THE ORDER IN CRLP.451/2007 Dated 06/07/2007 CC.903/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... APPELLANT: COMPLAINANT ----------------------- N.R.MANOJ, S/O. LATE N.R.RAMANATHAN, NADUVIL VALAPPIL VEETTIL, KODANNUR P.O., KODANNUR VILLAGE & DESOM, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENTS: ACCUSED --------------------- 1. BHASKARAN P.A., S/O. PAZHAMUKKU VEETTIL ARUMUGHAN, 'ASWATHY', MUNDUR P.O., ANJOOR VILLAGE, PAZHAMUKKU DESOM, THRISSUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.RAJIT SRI.RANJIT BABU PP SRI.C.M.KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.1449/2007 -------------------- Dated this the 27th day of August, 2008 JUDGMENT The complainant in C.C.No.903/2006 on the files of the Judicial First Class Magistrate-I, Thrissur, is the appellant herein. The calendar case arose out of a complaint filed by the appellant against the first accused alleging that the latter committed an offence punishable under Section 138 of the Negotiable Instruments Act. The complaint was taken on file and proceeded with. Apparently on 12.6.2007, when the matter was taken up before the Court below, the complainant was absent due to illness. Finding that the complainant is absent, the Court below acquitted the accused under Section 256(1) of the Code of Criminal Procedure. 2. Taking note of the submission made by the learned counsel for the appellant that the complainant was present on all posting dates except on 4.4.2007 and 12.6.2007 and in the facts and circumstances of the case, I am of the view that the complainant should be given an opportunity Crl.A.1449/2007 2 to prosecute the complaint. 3. Accordingly the appeal is allowed. The order of acquittal is set aside and the complaint is restored to file. Court below shall further proceed with C.C.No.903/2006 in accordance with law. 4. Parties shall appear before the Court below on 10.11.2008. V.GIRI, Judge mrcs