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. 2008 of 2007() ------------------------ AGAINST THE ORDER IN CRLP.1063/2007 Dated 18/10/2007 CC.14/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... APPELLANT: ----------- N.GOPALAKRISHNAN, S/O KANISSERY KRISHNA PANICKER, THIRUTHIKKAD PORKULAM, TALAPPILLY TALUK. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. E.VELAYUDHAN, L.D.CLERK, SREE VYSA N.S.S. COLLEGE, P.O. VYASAGIRI, WADAKKANCHERY. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, EKM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE DAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.2008/2007 -------------------- Dated this the 27th day of August, 2008 JUDGMENT The complainant, in C.C.No.14/2000 on the files of the Judicial First Class Magistrate's Court, Chavakkad, which arose out of a complaint alleging of offence punishable under Section 138 of the Negotiable Instruments Act, is the appellant herein. The case of the complainant is that the sworn statement was recorded on 6.1.2000 and the case was posted to 17.4.2000. As there was no sitting on that day, the case was adjourned to 16.9.2000. The complainant appeared through his counsel on the said day. Apparently, when there was a chance of settlement in the appeal at that point of time, the matter was posted to 23.11.2000. It seems that the complainant was laid up due to viral fever and he was not in a position to inform his counsel about the same. The Court below found that the complainant is absent and proceeded to acquit the accused under Section 256(1) of the Code of Criminal Procedure. This has been challenged in the appeal. Crl.A.2008/2007 2 2. Though the accused has been served from this Court, there is no appearance. 3. Having heard learned counsel for the appellant and having perused the order of the Court below, I am of the view that the complainant should be afforded another opportunity to prosecute the complaint. Accordingly, the appeal is allowed. Order of acquittal is set aside and the complaint is restored to file. The Court below shall further proceed with C.C.No.14/2000. Party shall appear before the Court below on 17.10.2008. V.GIRI, Judge mrcs