IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 3RD OCTOBER 2006 / 11TH ASWINA 1928 CRL.A.No. 700 of 2003 ----------------------- CC.662/1999 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... APPELLANT: COMPLAINANT ---------------------- M/S.KASARGOD SELF EMPLOYEES FINANCING COMPANY, KASARGOD, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER K.SATHEESHAN. BY ADV. SRI.K.JAJU BABU RESPONDENTS: ACCUSED & STATE ---------------------------- 1. C.MAHIN, S/O. LATE C.H.AHAMMED, BERKA HOUSE, P.O.CHENGALA. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SURESH KUMAR KODOTH PUBLIC PROSECUTOR K.S. SIVAKUMAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03/10/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M.JAMES, J. -------------- CRL.A. 700/2003 ------------------ DATED THIS THE 3RD DAY OF OCTOBER, 2006 JUDGMENT The complainant, in C.C.No.662/1999 on the file of the Chief Judicial Magistrate Court, Kasargode, is the appellant. The complaint was preferred under Section 138 of the Negotiable Instruments Act, in short 'the Act'. The case stood posted before the Court below for evidence, on the appointed date, viz. 20.11.2002. When the impugned order was passed, the complainant was absent. As the complaint was filed on 6.11.1999, the petition to excuse the absence of the complainant was rejected and the accused was acquitted, under Section 256 Cr.P.C. Hence this appeal. 2. After considering the facts that are on record, I set aside the impugned order and restore C.C.No.662/1999 on the file of the Chief Judicial Magistrate Court, Kasargode. 3. The learned Magistrate shall give opportunities Crl.A.700/2003 2 to both sides to adduce evidence and dispose of the matter as expeditiously as possible, in any case within three months from the date of appearance of the parties, before that Court. 4. The parties shall appear before the Court below, on 3.11.2006. The appeal is disposed of as above. J.M.JAMES JUDGE mrcs