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. 229 of 2007() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.54/2007 Dated 30/01/2007 CC.528/2002 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... APPELLANT(S): COMPLAINANT -------------------------------------------------- K.G.RAJAGOPAL, SREEPARVATHI, OLAYIL, PALACE WARD, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ACCUSED & STATE ------------------------------------------------------- 1. P.BABU, MESSENGER, STATE BANK OF INDIA, KADAVOOR, PERINAD P.O., KOLLAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. K.SIJU FOR R1 SRI.A.MUHAMMED RAFFI FOR R1 PUBLIC PROSECUTOR SRI.C.M.NAZAR 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.229 of 2007 = = = = = = = = = = = = = = = = = Dated this the 24 th day of November, 2009. JUDGMENT In this appeal filed by the complainant in C.C.No.528 of 2002 of Chief Judicial Magistrate Court, Kollam renumbered as S.T.No.78 of 2006 on the file of the Judicial First Class Magistrate-III, Kollam, he challenges the order dated 21.11.2006 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.19000/-. 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.229 of 2007 2 C.C.No.528 of 2002 of Chief Judicial Magistrate Court, Kollam renumbered as S.T.No.78 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 22.12.2009 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.229 of 2007 3