IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 CRL.A.No. 2190 of 2009() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.734/2008 Dated 15/07/2008 ST.888/2006 ON THE FILE OF THE JFCM-IV, KOCHI .................... APPELLANT(S): APPELLANT/COMPLAINANT ----------------------------------------------------------------------- M/S. PARAPPURATH CHITTIES PVT. LTD., 40/7873, LAKSHMI BUILDING, OPPOSITE PADMA THEATRE, M.G.ROAD, COCHIN, REPRESENTED BY ITS MANAGING DIRECTOR, P.H.RADHAKRISHNAN. BY ADV. SMT.SHYLAJA VARGHESE RESPONDENT(S): ACCUSED & STATE ------------------------------------------------------------- 1. MRS. GRACY GEORGE, C/O. BIJU GEORGE, KAITHAMANA VEEDU, CHERANALLOOR P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR SRI.A.MOHAMMED FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = Crl.A.No.2190 of 2009 = = = = = = = = = = = = = = = = = Dated this the 29 th day of October, 2009. JUDGMENT In this appeal filed by the complainant in S.T.No.888 of 2006 on the file of the Judicial First Class Magistrate- IV, Kochi, he challenges the order dated 21.04.2008 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.41695/-. 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.888 of 2006 shall stand restored to file and shall be disposed of in accordance with law after giving both sides Crl.A.No.2190/2009 2 an opportunity of being heard. The parties shall appear before the court below on 23.11.2009 without any further notice. This appeal is disposed of as above. Dated this the 30th day of October, 2009. V. RAMKUMAR, JUDGE. sj Crl.A.No.2190/2009 2