IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 CRL.A.No.1678 of 2007 (D) -------------------------------- ORDER IN CRL.L.P.576/2007 ST.2817/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR. .................... APPELLANT: COMPLAINANT -------------------------------- PRINCE, S/O.DEVASSY, VEZHAPARAMBIL HOUSE, ARANATTUKARA VILLAGE, THRISSUR TALUK & DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENTS: ACCUSED ----------------------------- 1. K.V.SUNNY, KATTUKARAN HOUSE, NELLIKUNNU DESAM, EAST FORT P.O., THRISSUR VILLAGE, THRISSUR TALUK & DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.1678 of 2007 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT The complainant in S.T.2817/04 on the file of the Judicial First Class Magistrate's Court-I, Thrissur is the appellant. He filed the complaint against the first respondent complaining of commission by him of an offence punishable under Section 138 of the N.I. Act. The learned Magistrate vide order dt.15/03/05 impugned in this appeal, acquitted the accused under Section 256(1) of the Criminal Procedure Code for the the reason that neither the appellant/complainant nor his counsel was present. Counsel for the appellant submits that if one week's time is granted, the appellant will appear in the court below and no such instance of default on his part will occur hereafter. Crl. Appeal No.1678 of 2007 -2- 2. In the result, I allow this criminal appeal on condition that the appellant shall appear for the case in the court below positively within one week from today. In case of failure, the court below need not take back the case on file. It is made clear that no extension of time will be granted on any count and application, if any, filed for extension of time will not be entertained. On appearance of the appellant in the court below, the learned Magistrate shall issue summons afresh to the accused and proceed to dispose of the case on merits as the appeal is being disposed of without notice to the first respondent/ accused. 3. Hand over copy to the counsel for the appellant today itself. K.P.BALACHANDRAN, JUDGE kns/-