IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 CRL.A.No. 1524 of 2009() ------------------------ ST.417/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PATHANAMTHITTA .................... APPELLANT/COMPLAINANT: ------------------------------- K.S. RAJENDRAN, VILAYILTHEKKETHIL, CHENNITHALA P.O., MAVELIKKARA. BY ADV. MR. ARUN.B.VARGHESE RESPONDENTS/ACCUSED AND STATE:- -------------------------------------------- 1. K.C. JOHN, S/O. CHACKO, KALATHIKATTIL, MATHOOR P.O., PATHANAMTHITTA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. PHILIP M.VARUGHESE FOR R1 MR. V. AJITH KUMAR FOR R1 MR. B. JAYASOORYA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 1524 of 2009 ------------------------------------------------------------ Dated this the 18th day of November, 2009. JUDGMENT In this appeal filed by the complainant in S.T. No. 417 of 2007 on the file of the Judicial First Class Magistrate-II, Pathanamthitta, he challenges the order dated 24.09.2008 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.2,00,000/-. 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. S.T. No. 417 of 2007 shall stand restored to file and shall be Crl. Appeal No. 1524 of 2009 : 2 : disposed of in accordance with law after giving both sides an opportunity of being heard. The parties shall appear before the court below on 14.12.2009 without any further notice. This appeal is disposed of as above. Dated this the 18th day of November, 2009. V. RAMKUMAR, JUDGE. Crl. Appeal No. 1524 of 2009 : 3 :