IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.Rev.Pet.No. 1240 of 2008() ------------------------------ ST.446/1994 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... REVN. PETITIONER: ----------------------------- G.SURESH KUMAR, PRATHYASA, TRIVANDRUM, REP BY HIS POWER OF ATTORNEY SRI.K.SURESH, D7, JAWAHAR NAGAR, TRIVANDRUM. BY ADV. SRI.M.RAJASEKHARAN NAYAR SRI.JOHN K.JOSEPH RESPONDENTS: ---------------------------- 1. TOMY MATHEW , PADINJARARAPEEDIKAYIL, EDAMARKU P.O., MELEKAVUMITTOM, PALAI. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1240 of 2008 = = = = = = = = = = = = = = Dated this the 8 th day of April, 2008 ORDER Petitioner, who was the complainant in S.T.No.446/1994 on the file of the Additional Chief Judicial Magistrate, Thiruvananthapuram, which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.1 lakh, challenges the order dated 14.3.97 passed by the learned Magistrate acquitting the accused under Section 256(1) Cr.P.C due to the absence of the complainant. 2. Eventhough several attempts were made to serve notice on the 1st respondent/accused he has evaded service. 3. The impugned order does not indicate the stage of the case. If the case was not posted for trial, the presence of the complainant was hardly necessary for the further progress of the compliant. No prejudice will be caused to the accused by ordering restoration of the complaint without hearing him 4. Under these circumstances, I am not satisfied with the order of acquittal passed by the court below. The impugned Crl.R.P.No.1240 of 2008 2 order is accordingly set aside and S.T.No.446/1994 shall stand restored to file. The petitioner shall appear before the court below without any further notice on 28.4.08. The learned Magistrate shall proceed with the case after securing the presence of the accused. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE sj