IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 CRL.A.No. 247 of 2008() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.1031/2007 Dated 18/10/2007 STC.3077/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... APPELLANT: COMPLAINANT. ------------------------------ M.SUVARNAN, SON OF NARAYANAN, KOOVERI AMSOM, DESOM, KOOVERI P.O., TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: ACCUSED AND STATE. ------------------------------------------- 1. M.P.ABDUL KHADER, SON OF MEMI, MOTTURRAN PUTHIYAPURAYIL, TMC. VII 66, SYED NAGAR, MANNA, TALIPARAMBA, KANNUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. BY ADV. SRI.T.M.ABDUL LATHEEF FOR R1 SRI.K.C. SANTHOSH KUMAR, PUBLIC PROSECUTOR FOR R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl. Appeal No. 247 OF 2008 ----------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT No representation for the respondents. Appeal is against an order of acquittal under Section 256 Cr.P.C. Prosecution is under Section 138 of the Negotiable Instruments Act. Cognizance was taken in the year 2004 and the matter came up for trial, on 17.07.07, the complainant was absent though the case was posted as a last chance. Complainant had filed an application through counsel. That was rejected and the impugned order under Section 256 Cr.P.C was passed. 2. Counsel for the appellant submits that the absence of the appellant was on account of reasons beyond his control. The cheque is for an amount of Rs.2,10,000/-. The impugned order shows that the appellant was certainly not taking proper steps in time. But, however, I am satisfied that a lenient view can be taken and the appellant can be given an opportunity to contest the proceedings. 3. In the result, this appeal is allowed subject to conditions. If he appellant deposits before the learned Magistrate CRA No. 247 OF 2008 2 or pays to the accused an amount of Rs.2,000/- within a period of one month from today, the impugned order under Section 256 Cr.P.C shall stand set aside and the learned Magistrate shall proceed to dispose of the complaint in accordance with law. Parties shall appear before the learned Magistrate, on 14.07.08, to continue the proceedings. If amount is not paid as directed, the learned Magistrate shall make note of the same on 14.07.08 and the impugned order shall continue to remain in force. R. BASANT, JUDGE ttb CRA No. 247 OF 2008 3 CRA No. 247 OF 2008 4