IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 CRL.A.No. 192 of 2001 ----------------------------- CC.496/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... APPELLANT/COMPLAINANT: ------------------------------------------ M.V.GEORGE, M ANAGER, S/O.VARGHESE, MANANTHAN HOUSE, ANAIKKAL, PORKALANGAD - 680 517 REPRESENTING M/S.INSTANT INVESTMENTS, GURUVAYOOR ROAD, KUNNAMKULAM - 680 503. BY ADV. SRI.A.K.CHINNAN RESPONDENTSACCUSED & STATE: ------------------------------------------------- 1. K.P.ABDUL KAREEN, S/O.MOHAMMED, KOKKINIPARAMBIL HOUSE, MUTHOOR POST, VATAMKULAM - 679 578, OTTAPPALAM. 2. STATE OF KERALA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 582 031. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU - R2. SRI.T.G.RAJENDRAN FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A. No. 192 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008. Judgment Appellant is the complainant in a prosecution under section 138 of the Negotiable Instruments Act. He impugns the order of acquittal passed by the trial court contending, inter alia, that the learned Magistrate had failed to appreciate the oral and documentary evidence on record in their proper perspective. 2. Having heard learned counsel for the appellant and respondent No.1/accused and having perused the entire materials available on record, I am satisfied that the above contention is totally valid and sustainable. 3. Learned counsel for respondent No.1/accused also fairly concedes that the reasoning and conclusions made by the learned Magistrate are far from satisfactory and cannot be supported. 4. In view of the above facts and circumstances, I do not propose to deal with the evidence let in by the complainant or the contentions raised by the accused, particularly since I am directing the trial court to dispose of the case afresh in accordance with law. Suffice it to say that the court below shall afford sufficient opportunity to the complainant and the accused to adduce further evidence, if they so choose. 5. The order of acquittal is set aside. The case is remitted to the court below for fresh disposal in accordance with law. 6. Parties shall appear before the rial curt on September 15, 2008. Crl .Appeal is disposed of in the above terms. A.K. Basheer Judge. an. 2 A.K. Basheer, J. Crl.A.No. 192 of 2001-A Judgment 06/08/2008