IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 CRL.A.No. 660 of 2008 ------------------------------------ CC.720/2004 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... APPELLANT/COMPLAINANT: M/S. MEHTA PVT. LTD., WHOLESALE DEALERS IN TEXTILES AND COMMISSION AGENTS, BROADWAY, ERNAKULAM, REP. BY ITS POWER OF ATTORNEY HOLDER RANJIT KUMAR BHATT. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS/ACCUSED & STATE: 1. SASIDHARAN, PROPRIETOR, KAIRALI TEXTILES, PAMPADY, KOTTAYAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.T.J.AMBOOKEN THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 660 of 2008 --------------------------- JUDGMENT This is appeal filed with leave by the complainant in C.C.No.720/04 on the file of the Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam, assailing the acquittal of the first respondent of offence punishable under Section 138 of the Negotiable Instruments Act, vide Section 256(1) Cr.P.C. 2. The impugned order reads as follows: “No process fee remitted. Complainant absent. No representation. Name of the complainant called in open court thrice. Absent. Hence accused acquitted under Section 256(1) Cr.P.C.” 3. The accused was acquitted under Section 256 (1) Cr.P.C. for the reason that no process fee is remitted. In that event, the dismissal should have been under Section 204(4) Cr.P.C. and not under CRA 660/08 2 Section 256(1) Cr.P.C. The dismissal of the case, in the manner in which it was done, by the Additional Chief Judicial Magistrate is irregular and illegal and deserves to be set aside. 4. In the result, I set aside the order impugned and remit the case back to the court below for disposal afresh, according to law. In case the appellant takes required steps as and when ordered by the court below, he will be entitled to proceed with prosecution of the complainant. Appellant shall appear in the court below positively on 12.5.2008 and shall continue to appear invariably on all posting dates of the case hereafter, till the case is disposed of by the Additional Chief Judicial Magistrate. Any further laches on the part of the appellant in the due prosecution of the complaint in the court below shall be at his own risk. Appellant shall produce a copy of this judgment in the court below sufficiently early so as to enable the learned Magistrate to initiate CRA 660/08 3 further proceedings in the matter abiding by the directions in this judgment. This appeal is, thus, allowed by way of remand. 10th April, 2008 (K.P.Balachandran, Judge) tkv