IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 CRL.A.No. 260 of 2008() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.930/2007 Dated 15/10/2007 ST.7261/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... APPELLANT: APPELLANT/COMPLAINANT ------------------------------------------- JACOB PAUL UKKAN, S/O. PAUL, UKKAN HOUSE, EDAKULAM, REPRESENTED BY POWER OF ATTORNEY, GEORGE, ALAPPATT THOTIAN HOUSE, VELUPADOM P.O., TRICHUR DISTRICT. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) RESPONDENTS: ---------------- 1. M.PRABHAKARAN, AMBATT HOUSE, NEAR MANKIDI MILK SOCIETY, PUTHENCHIRA P.O. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.ABRAHAM JOHN R2 BY PUBLIC PROSECTUOR, SRI. P. RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ----------------------------------------------- Crl. Appeal No. 260 OF 2008 ----------------------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT Heard counsel on both sides. This appeal is filed by the complainant in ST No.7261 of 1998 on the file of the Judicial First Class Magistrate Court, Irinjalakkuda assailing the acquittal of the 1st respondent of offences punishable under Section 138 of the Negotiable Instruments Act, vide Section 256 (1) of the Criminal Procedure Code. 2. The order passed by the court below is extracted below: “The case was called on for hearing today to which it had been posted/adjourned. The complainant not being present either in person or by pleader, the accused is acquitted under Section 256(1) Criminal Procedure Code.” 3. It is seen on perusal of the order of the court below that the complainant was not present in court except on 26.08.98 for recording the sworn statement and that thereafter there were 10 postings before 12.12.01 and on none of the posting dates had the appellant appeared in the court below. The absence of the Crl.A.No. 260 OF 2008 2 appellant disabled the Magistrate in making any progress in the trial of the case. This is therefore not a fit case where as prayed for by the counsel for the appellant, the appeal is to be allowed and the case is to be remanded. This appeal is devoid of any merit. In the result, I dismiss this appeal. K.P. BALACHANDRAN, JUDGE ttb Crl.A.No. 260 OF 2008 3