IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 CRL.A.No. 1038 of 2007() ------------------------ CC.122/2007 of JUDICIAL FIRST CLASS MAGISTRATE -III, KOTTARAKKARA .................... APPELLANT/COMPLAINANT:- --------------------------------- RAVEENDRAN PILLAI, REVATHY BHAVAN, VENMANNOOR, ANAKOTTOOR P.O., KOTTARAKKARA, KOLLAM DIST. BY ADV. MR. B.MOHANLAL RESPONDENTS/ACCUSED AND STATE:- -------------------------------------------- 1. ANIL KUMAR, CHARUVILA VEEDU, KUTTIKADU JUNCTION, NEELASWARAM P.O., KOTTARAKKARA, KOLLAM DIST. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. B. JAYASOORYA, PUBLIC PROSECUTOR MR. K.V.ANIL KUMAR FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 1038 of 2007 ------------------------------------------------------------ Dated this the 22nd day of December, 2009. JUDGMENT In this appeal filed by the complainant in C.C. No.122 of 2007 on the file of the Judicial First Class Magistrate-III, Kottarakkara, he challenges the order dated 03.05.2007 passed by the Magistrate acquitting the accused under Section 256(1) Cr.P.C due to the non-appearance of the complainant. The prosecution was one under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.2,00,000/-. 2. Heard both sides. No doubt, there has been some latches on the part of the appellant in not appearing before the court below. But, that certainly did not deserve an acquittal of the accused otherwise than on merits. Accordingly, the impugned order is set aside and the matter is remitted to the court below for disposal afresh. C.C. No. 122 of 2007 shall stand restored to file and shall be Crl. A. No. 1038/2007 : 2 : disposed of in accordance with law after giving both sides an opportunity of being heard. The parties shall appear before the court below on 18.01.2010 without any further notice. This appeal is disposed of as above. Dated this the 22nd day of December, 2009. V. RAMKUMAR, JUDGE. Crl. A. No. 1038/2007 : 3 :