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. 343 of 2008 ------------------------------------- CC.283/2004 of JFCM, KOTHAMANGALAM .................... APPELLANT/PETITIONER: CAPITAL CREDIT CORPORATION, KOTHAMANGALAM REP. BY MANAGER, ELDHOSE SKARIA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS/RESPONDENTS: 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SYRIAC ABRAHAM, PAYYAMPILLIYIL HOUSE, KARIMANNOOR P.O., THODUPUZHA. BY ADV. SRIK.C.SURESH SRI.S.K.AJAY KUMAR SMT.PRIYA. H. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 343 of 2008 --------------------------- JUDGMENT This is appeal filed with leave by the complainant in C.C.No.283/04 on the file of the Judicial First Class Magistrate's Court, Kothamangalam, assailing the acquittal of the second respondent/ accused of offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard the arguments of Advocate Sri.Peeyus A.Kottam, counsel for the appellant and Advocate Sri.K.C.Suresh, counsel for the second respondent. 3. On going through the judgment of the Judicial First Class Magistrate, Kothamangalam, it is astonishing to find that he has convicted and sentenced the accused and also acquitted him of the offence under Section 138 of the Negotiable Instruments Act. It appears that the Magistrate himself does not know what he is doing and the judgment, on the whole, is shabby and it does not appear that he is having the rudimentary knowledge CRA 343/08 2 of principles of criminal law and procedure. 3. I set aside the impugned judgment as desired by counsel on both sides and remit the case back to the court below for consideration and disposal afresh, according to law. A copy of the judgment assailed along with a copy of this judgment shall be placed by the Registry before the Administrative Committee as also before the Training Committee for appropriate action in the matter. Parties shall appear in the court below positively on 15.5.2008. Appellant shall produce a copy of this judgment before the Magistrate for perusal and to dispose of the case appropriately as early as possible and in any event before 30.6.2008. The appeal is, thus, allowed by way of remand. 10th April, 2008 (K.P.Balachandran, Judge) tkv