IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 CRL.A.No. 1198 of 2010() ------------------------ AGAINST THE JUDGEMENT/ORDER IN LP.517/2010 Dated 15/06/2010 ST.679/2009 of CHIEF JUDL.MAGISTRATE COURT, ERNAKULAM .................... APPELLANT(S): COMPLAINANT ------------------------- DEEPU MARTIN, AGED 31 YEARS, S/O.MARTIN JOHN, PROPRIETOR, SUN AGENCIES, BRANCH NH 47, BYE-PASS, INTUC JUNCTION, NETTOOR, KOCHI-4. BY ADV. SRI.C.S.MANU RESPONDENT(S): ACCUSED & THE STATE ---------------------------------- 1. SUNNY JACOB, MANAGING DIRECTOR, SUNNY JACOB BUILDERS AND DEVELOPERS PVT. LTD., CSI GOLDEN JUBILEE COMPLEX, ROOM NO.IX/473/A3 SASTRI ROAD, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.C.M.NAZAR, PUBLIC PROSECUTOR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ V.K.MOHANAN, J. ------------------------------- Crl. APPEAL No.1198 of 2010 ------------------------------- Dated this the 2nd day of July, 2010. J U D G M E N T The complainant in a private complaint for the offence punishable u/s.138 of Negotiable Instruments Act, challenging the order of the Chief Judicial Magistrate Court-Ernakulam, u/s.256(1) of Cr.P.C., preferred this appeal. 2. The learned counsel for the appellant submitted that the complainant was prosecuting the matter earnestly and on the date of the impugned order, neither the complainant nor his counsel could reach the court because of the heavy traffic block and the case was called up before their arrival in the court. 3. The cheque in question is for an amount of Rs.1 lakh. From the order it appears that, there is no material to show that there was laches on the part of the complainant. Under the above circumstances, I have to accept the contention raised by the learned counsel that there was no willful latches or negligence on the part of the complainant in not appearing before the court below. Hence, I am of the view that an Crl. APPEAL No.1198 of 2010 2 opportunity can be given to the complainant to prosecute the matter on merit but subject to terms. In the result, this criminal appeal is disposed of setting aside the order dated 30.3.2010 in S.T.No.679/09 of the Court of Chief Judicial Magistrate-Ernakulam, on condition that the complainant depositing a sum of Rs.2,000/- in the court below. Accordingly, the complainant is directed to appear before the trial court on 2.8.2010, on which date the learned Magistrate is directed to restore the complaint on file and on satisfaction that the complainant has paid the amount as directed above, the learned Magistrate is further directed to proceed with the complaint in accordance with law and procedure and to dispose the same on merit. On depositing the above amount, a sum of Rs.1,000/- shall be paid to the accused on his appearance and the remaining amount shall be paid to the State Exchequer. V.K.MOHANAN, Judge. ami/