IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 CRL.A.No. 1120 of 2009() ------------------------ CC.130/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... APPELLANT:APPELLANT/COMPLAINANT:- ---------------------------------------------- V.H.SREEJA AGED 38 YEARS, W/O. MURALEEDHARAN SAI KRIPA, WEST VEMBALLORE DESHAM, SREE NARAYANAPURAM VILLAGE, KODUNGALLORE. BY ADV. MR. K.S.MENON RESPONDENTS/ ACCUSED:- -------------------------------- 1. K.S.GOPINADHAN ABOUT 45 YEARS, S/O.KAUNGENPULLY SUBRAMANIAN, THUMPUR DESHAM, KOTTANELLORE VILLAGE, MUKUNDAPURAM TALUK, THUMPUR.P.O., THRISSUR DIST. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. ADV. MR. P.N.PURUSHOTHAMA KAIMAL FOR R1 MR. P.JAYAKRISHNA KAIMAL FOR R1 ADV. MR. P.R. JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 1120 of 2009 ------------------------------------------------------------ Dated this the 21st day of January, 2010. JUDGMENT In this appeal filed by the complainant in C.C. No.130 of 2009 on the file of the Judicial First Class Magistrate, Kodungallur, she challenges the order dated 04.04.2009 passed by the Magistrate acquitting the accused under Section 256(1) Cr.P.C due to the non-appearance of the complainant. The prosecution was one under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.1,00,000/-. 2. Heard both sides. No doubt, there has been some latches on the part of the appellant in not appearing before the court below. But, that certainly did not deserve an acquittal of the accused otherwise than on merits. Accordingly, the impugned order is set aside and the matter is remitted to the court below for disposal afresh. C.C. No. 130 of 2009 shall stand restored to file and shall be Cr.A. No. 1120/2009 : 2 : disposed of in accordance with law after giving both sides an opportunity of being heard. The parties shall appear before the court below on 18.02.2010 without any further notice. This appeal is disposed of as above. Dated this the 21st day of January, 2010. V. RAMKUMAR, JUDGE. Cr.A. No. 1120/2009 : 3 :