IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 CRL.A.No. 620 of 2010() ---------------------------------- ST.14/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... APPELLANT/PETITIONER/COMPLAINANT ------------------------------------------------------------- MAHARAJ, VILAYIL VEEDU, HOUSE NO.24, KAIRALI NAGAR, KILIKOLLOOR P.O., PATTATHANAM, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENTS/ACCUSED & STATE ----------------------------------------------------- 1. MANJUSHA MONY, NO.189 (16/267), MOOSARI KUNNEL 10, THELLAKOM P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. KAMMAPPU. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. V.K.MOHANAN,J. ------------------------------ Crl.Appeal No.620 of 2010 ----------------------------------------------------- Dated this the 29th day of March, 2010 JUDGMENT This is an appeal preferred, against the order dated 1.02.2010 in S.T.No.14/2009 of the Court of Chief Judicial Magistrate, Kollam under Section 256(1) of Cr.P.C. 2. The complainant is the appellant. The cheque in question covers an amount of Rs.4,75,000/-. It is submitted by the learned counsel that proof affidavit has already been filed and when the case adjourned on 13.01.2010 to 1.02.2010, the clerk of the counsel mistakenly noted the date as 10.02.2010 instead of 1.02.2010. It was under the above circumstances, neither the counsel nor the complainant was present, when the case was called on 1.2.2010. The above submission and explanation offered are not so convincing. 3. However, considering the fact that the cheque in question covers an amount of Rs.4,75,000/- and as the case pertain to the year 2009 only, I am of the view that one Crl.Appeal No.620 of 2010 2 more opportunity can be given to the complainant to prosecute the complaint but subject to terms. In the result, this appeal is allowed setting aside the order dated 1.2.2010 in S.T.No.14/2009 of the Court of Chief Judicial Magistrate, Kollam on condition that the appellant/complainant depositing a sum of Rs.2,000/- before the court below. Accordingly the complainant/appellant is directed to appear before the court below on 29.4.2010 on which date the court below is directed to restore the complaint on file on satisfaction that the complainant deposit the amount as directed above and to proceed with the compliant in accordance with law and procedure and to dispose of the same on merit. Out of the above amount, to be deposited by the complainant Rs.1,000/- shall be paid to the accused and the remaining Rs.1,000/- shall be deposited into the state exchequer. Crl.Appeal is allowed of accordingly. V.K.MOHANAN,JUDGE. mns