IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 CRL.A.No. 959 of 2008() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.200/2008 Dated 07/03/2008 ST.369/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... APPELLANT/ COMPLAINANT: ---------------------- SUSHAMA.S, D/O.SAROJINI, KETTUNGASHERI ASRAMAM WEST.P.O, KOLLAM-2. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS/ ACCUSED AND STATE: ------------------------------- 1. DILEEP.R, **S/O.RAJENDRAN,S.N.PURAM, PAVITHRESWARAM P.O,PPUTHOOR, KOLLAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. **(THE ADDRESS OF THE 1ST RESPONDENT IS CORRECTED AS PER ORDER DTD. 28.5.2008 IN CRL.M.A.5739/08 AS “STATIONARY MERCHANT, PRESENTLY RESIDING AT POST OFFICE BUILDING, VELLIYAM (PO), KOTTARAKKARA, KOLLAM (DT)) BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ============== Criminal Appeal No. 959 of 2008 ============================== Dated this the 1st day of September, 2008. J U D G M E N T The complainant in S.T.No.369/2005 on the files of the Judicial First Class Magistrate Court-II, Kollam is the appellant herein. The complaint was instituted alleging that the accused has committed offence punishable under Section 138 of the Negotiable Instruments Act. It is alleged by the complainant that the complaint was being adjourned by the learned Magistrate for appearance of the accused and even a warrant was issued. The case was posted to 18.08.2007 and then adjourned to 3.11.2007. This was wrongly noted by the clerk of the complainant's counsel as 3.12.2007. In the result, the complainant was not present either on 3.11.2007 or on 5.11.2007. There upon the accused was acquitted under Section 256 (1) Cr.P.C. 2. Having heard the learned counsel for the appellant and having perused the order passed by the court below, I am satisfied that the appellant/complainant is entitled to another chance to prosecute the complaint. Criminal Appeal No. 959 of 2008 2 In the result, the appeal is allowed. The order of acquittal is set aside and the complaint is restored to file. The court below shall further proceed with the complaint in accordance with law. Parties shall appear before the court below on 17.11.2008. V.GIRI, JUDGE bkn/-