IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 CRL.A.No. 84 of 2007() ---------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.666/2006 Dated 12/12/2006 CC.958/2002 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... APPELLANT/ COMPLAINANT: ------------------------------- P.N. GOPALAKRISHNA PILLAI, S/O.K.R. NARAYAN PILLAI, AMBADY, BHAGAVATHIKKUM PADNJARU, KEERUKUZHY P.O. BY ADV. SRI.P.SREEKUMAR RESPONDENTS/ACCUSED: ---------------------------- 1. M/S. ANUPAM TEXTILES, MITCHEL JUNCTION, MAVELIKARA. 2. MUTHUKRISHNAN, S/O.PADMANABHA REDDIAR, PARTNER, ANUPAM TEXTILES, MITCHEL JUNCTION, MAVELIKARA, RESIDING AT NELLI BHAVANAM AALINITE KIZHAKKETIL, AMBIKAMADATHIL, KANDIYOOR MURI, MAVELIKARA. 3. PITCHAYA REDDIAR, S/O.PADMANABHA REDDIAR, PARTNER, ANUPAM TEXTILES, MITCHEL JUNCTION, MAVEIKARA, RESIDING AT NELLI BHAVANAM, AALINTE KIZHAKKETIL, AMBIKAMADATHIL, KANDIYOOR MURI, MAVELIKARA. 4. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ============== Criminal Appeal No. 84 of 2007 ==================== Dated this the 1st day of September, 2008. J U D G M E N T The complainant in C.C.No.958/2002 on the files of Judicial First Class Magistrate Court, Mavelikkara, is the appellant herein. The complaint was filed alleging that the accused had committed an offence punishable under Section 138 of the Negotiable Instruments Act. Apparently, the case was posted to 4.10.2006. The complainant was absent and an exemption application was also filed. Learned Magistrate rejected the same and acquitted the accused under Section 256(1) Cr.P.C. Hence the appeal. 2. Having heard the learned counsel and having perused the order of the court below, I am of the view that the complainant should be offered another chance to prosecute the complaint. In the result, the appeal is allowed and the order of acquittal is set aside. The court below shall further proceed with C.C.No.958/2002, in accordance with law. Parties shall appear before the court below on 17.11.2008. V.GIRI, JUDGE bkn/-