IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 CRL.A.No. 148 of 2007() ----------------------- CC.1620/1999 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR AGAINST THE JUDGEMENT/ORDER IN CRLP.698/2006 Dated 20/12/2006 .................... APPELLANT/ COMPLAINANT: ----------------------------------------- EASOW K.UMMEN, KANKALIL HOUSE, IRINGOL, PERUMBAVOOR. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS/ACCUSED ------------------------------------- 1. PAREETHU PILLAI, S/O.MOHAMMED, KANNANGODAN HOUSE, MARAMPILLY KARA, ALUVA P.O. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- CRL.A.No.148 of 2007 D ------------------------- Dated this the 27th day of August, 2008. JUDGMENT The complainant, in C.C.No.1620/99 on the file of the Judicial Magistrate of the First Class, Perumbavoor, is the appellant in this appeal. 2. The calender case arose out of a complaint filed against the 1st respondent alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 {for short 'the Act'}. The sworn statement of the complainant was recorded. After several adjournments, the complaint was posted to 23.05.2003. Apparently, according to the complainant he was present on most of the dates of postings. He was undergoing treatment for rheumatoid arthritis and he was advised to take complete bed rest. On 23.05.2003 the application filed on his behalf seeking adjournment was not considered. On that day, the case was called and taking note of the complainant's absence, the accused was acquitted under Section 256(1) of the Code of Criminal Procedure. CRL.A.No.148 of 2007 :: 2 :: 4. I heard learned counsel for the appellant and perused the records. In the circumstances, I am of the view that the complainant is entitled to another chance to the prosecute the complaint. I take note of the fact that the accused was not represented before this court. In the result, the appeal is allowed. The order of acquittal is set aside. The complaint is restored to file. The court below shall further proceed with C.C.No.1620/99. The complainant shall appear before the court below on 24.11.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge