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. 2177 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.1070/2007 Dated 18/10/2007 ST.2051/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... APPELLANT/ COMPLAINANT ---------------------- V.KAMARUDHEEN,S/O.IBRAHIM, PALAPPETTY, PERUMPADAPPU, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/ STATE & ACCUSED ------------------------------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. 2. K.SAHADEVAN, S/O.KASU MILMA BOOTH, KANJIKKODE PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MOHAMMED ADV. SRI.M.P.VIJAYAN FOR R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- CR.A.No.2177 of 2007 ------------------------- Dated this the 27th day of August, 2008. JUDGMENT The complainant in S.T.No.2051/01 on the files of the Judicial Magistrate of the First Class, Ponnani, is the appellant herein. 2. The complaint is instituted by the complainant against the 2nd respondent on the allegation that he has committed an offence under Section 138 of the Negotiable Instruments Act, 1881 {for short 'the Act'}. 3. The complainant was represented by the Power of Attorney Holder. But, it seems that the Power of Attorney holder was prosecuting the case diligently. On 7.5.2002, the Power of Attorney Holder was absent, as he was laid up. Therefore, an application was filed by the counsel on behalf of the complainant for condoning the absence. But it was rejected and the accused was acquitted under Section 256(1) of the Code of Criminal Procedure. Hence this appeal. 4. I heard learned counsel for the appellant. I am of the view that the appellant CR.A.No.2177 of 2008 :: 2 :: must be given another opportunity to prosecute the case. In the result, the appeal is allowed and the order of acquittal is set aside. The complaint is restored to file. Learned Magistrate shall further proceed with S.T.No.2051/99. The complainant and the accused shall appear in the court below on 24.11.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge