IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 CRL.A.No. 598 of 2000 CC.223/1999 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... APPELLANT/COMPLAINANT: M/S OMEGA PIPES LIMITED P.T.USHA ROAD ERNAKULAM KOCHI-11 REPRESENTED BY P.S.PEETHAMBARAN BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENTS/ACCUSED: 1. MR.R.MURALIDHARAN PROPRIETOR M/S R.R.TRADERS OPP.TELEPHONE EXCHANGE KASARAGOD 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON 22/02/2008 DELIVERED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No.598 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February 2008 JUDGMENT Appellant had sought to prosecute respondent No.1 herein under Section 138 of the Negotiable Instruments Act in C.C.No.223/99 on the file of the Chief Judicial Magistrate's Court, Ernakulam. According to the complainant, C.C.No.224/99 filed by him against one K.Harikumar was also pending before the same court during that period. Sri.Harikumar had paid off the liability and it was agreed that the complaint pending against him would be withdrawn. Accordingly, the counsel for the complainant was requested to withdraw the complaint pending against Sri.Harikumar. But by mistake, the learned counsel happened to withdraw C.C.223/99 pending against respondent No.1. It is contended by the learned counsel for the appellant/complainant that the case against respondent No.1 had not been compounded. The mistake had occurred due to an inadvertent oversight of the learned counsel for the complainant. Crl.A.No.598 OF 2000 :: 2 :: 2. Though respondent No.1 had been served with notice through substitute service by affixure, he has not entered appearance either in person or through counsel. 3. Having regard to the peculiar facts and circumstances of the case, I am satisfied that the impugned order passed by the court below is liable to be set aside. I do so. The court below shall restore the complaint to file and dispose it off in accordance with law. The learned Magistrate shall dispose of the case as expeditiously as possible. The complainant shall appear before the court below on April 3, 2008. (A.K.BASHEER, JUDGE) jes Crl.A.No.598 OF 2000 :: 3 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No.598 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Dated 22nd Feb. 2008