IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 CRL.A.No. 2060 of 2007() ------------------------ AGAINST THE ORDER IN CRLP.1008/2007 Dated 18/10/2007 CC.583/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... APPELLANT: COMPLAINANT ---------------------- SRI.SAJU G. CHELAPPADAN S/O. C.D. GEORGE, CHELAPPADAN HOUSE VAZHOTTUKONAM, VATTIYOORKAVAU P.O. THIRUVANANTHAPURAM. BY ADV. SRI.ASP.KURUP RESPONDENTS: ACCUSED -------------------- 1. B.RADHAKRISHNAN, PLOT NO.44 MANGALAYA.P.T.P NAGAR THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSEUCUTOR HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR FOR R1 PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.2060/2007 -------------------- Dated this the 28th day of August, 2008 JUDGMENT The complainant in C.C.No.583/2003 on the files of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, is the appellant herein. The calender case arose out of a complaint filed against the accused alleging that the accused had issued a cheque for an amount of Rs. 9,00,000/-. The same on presentation, was dishonoured due to insufficiency of funds that in spite of demand, the amount was not paid. 2. Apparently on 18.5.2005, the appellant filed proof affidavit marking Exts.P1 to P5. On 19.5.2005, he was cross-examined. The case was then posted to 25.6.2005 and 10.10.2005. The accused was absent on that days. On several other occasions, posting of the case was adjourned by notification. The last posting date was on 19.2.2007, but noted as 21.2.2007. The counsel and the complainant were absent and the accused was acquitted under Section 256(1) of Cr.P.C. Hence the appeal. Crl.A.2060/2007 2 3. I heard learned counsel on either side. I do not think that the complainant was negligent as such in prosecuting the case, going by the facts narrated above. In the circumstances, the complainant is entitled to another chance to prosecute the complaint. 4. In the result, 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.583/2003, in accordance with law. Party shall appear before the Court below on 22.11.2008. V.GIRI, Judge mrcs