IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 CRL.A.No. 1520 of 2010() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.165/2010 DATED 19/02/2010 ST.913/2009 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT/COMPLAINANT ----------------------------------------- KERALA STATE CO-OPERATIVE BANK LTD. HEAD OFFICE BRANCH, PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGER,. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENTS/ACCUSED/STATE -------------------------------------------------- 1. SANTHOSHKUMAR, C.F., RESIDING AT T.C.25/3446, UPPALAM ROAD, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. V.K.MOHANAN, J. ---------------------------------------- Crl.A No. 1520 of 2010 ---------------------------------------- Dated the 4th Day of August, 2010 JUDGMENT The Kerala State Co-operative Bank approached this Court by filing the above appeal against the order dated 27.1.2010 of the court of the Chief Judicial Magistrate, Thiruvnanahtpuarm in S.T.No.913/2009 whereby the accused is acquitted under section 256(1) Cr.P.C upon a complaint preferred by the appellant under section 138 of N.I.Act. 2. The learned counsel for the appellant submitted that the counsel appearing for the complainant in the trial court was pregnant and hence she could not appear in Court on 27.1.2010 and she had made arrangements to represent the complainant on the date of the impugned order. But the said counsel failed to make effective CRL.A.No.1520/10 -:2:- representation on that day. It is also submitted by the learned counsel that the accused has not so far entered appearance and therefore, NBW was already issued by the court below against the accused and the same is pending. 3. From the materials furnished and the averments contained in the appeal, the cheque in question covers an amount of Rs. 82,580/- which belonged to the Kerala Co.operative Bank Ltd., Thiruvnanthapruam. It is also revealed from the fact that the accused has not so far entered appearance. Therefore, even if the complainant or its counsel was present, there will not be any fruitful turn out. It is also gatherable from the facts submitted by the counsel that there was no negligence from the part of the complainant or its counsel in appearing before the court below on the date of the impugned order. Having regard to the facts and circumstances CRL.A.No.1520/10 -:3:- involved in this case , I am of the view that one more opportunity can be given to the complainant to prosecute the matter on merit. In the result, this appeal is disposed of setting aside the order dated 27.1.2010 in S.T. No.913/2009 of the court of the Chief Judicial Magistrate, Thiruvananthapuram. Accordingly, the appellant/complainant is directed to appear before the trial court on 6.9.2010 on which date the learned Magistrate is directed to restore the complaint on file and to proceed in accordance with the procedure and law and to dispose of the same on merit. The Crl.Appeal is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.A.No.1520/10 -:4:-