IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 CRL.A.No. 147 of 2007() ----------------------- ST.432/2003 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM ST.44/2006 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... APPELLANT(S): COMPLAINANT ------------------------- MATHRUBHUMI REPRESENTED BY ITS UNIT MANAGER, VINOD KUMAR, N.S.MATHRUBHUMI, KOLLAM UNIT, RAMANKULANGARA, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ACCUSED AND STATE -------------------------------- 1. G.ALBERT, CHAKKAZHIYATH PUTHEN VEEDU, MATHILIL P.O., KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR SRI.NAGARAJ NARAYANAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = Crl.A.No.147 of 2007 = = = = = = = = = = = = = = = = = Dated this the 24 th day of November, 2009. JUDGMENT In this appeal filed by the complainant in S.T.No.432 of 2003 of Chief Judicial Magistrate Court, Kollam renumbered as S.T.No.44 of 2006 on the file of the Judicial First Class Magistrate-III, Kollam, he challenges the order dated 2.11.2006 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.9,011/-. 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. Crl.Appeal No.147 of 2007 2 S.T.No.432 of 2003 of Chief Judicial Magistrate Court, Kollam renumbered as S.T.No.44 of 2006 on the file of J.F.C.M-III, Kollam shall stand restored to file and shall be disposed of in accordance with law after giving both sides an opportunity of being heard. The parties shall appear before the court below on 21.12.2009 without any further notice. This appeal is disposed of as above. Dated this the 24h day of November, 2009. V. RAMKUMAR, JUDGE. sj Crl.Appeal No.147 of 2007 3