IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 CRL.A.No.768 of 2001 (B) ------------------------------ C.C.111/99 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, MUVATTUPUZHA. ............ APPELLANT/COMPLAINANT: --------------------------------- T.K.NARENDRAN, KADAMBANATTU MADOM HOUSE, PUZHAKKARA KAVU ROAD, MUVATTUPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS/STATE & ACCUSED: ----------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANJU, D/O SANKAR DAS, CHELLISSERIYIL HOUSE, IYARAPURAM P.O. BY ADV. SMT.LEKHA SURESH PUBLIC PROSECUTOR SRI.T.J.AMBOOKAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.768 of 2001 ------------------------------------------------ Dated this the 5th day of February, 2008 JUDGMENT This appeal is filed by the complainant in C.C.111/99 on the file of the Judicial First Class Magistrate's Court-I, Muvattupuzha assailing the order of acquittal passed by the court below acquitting the first respondent of an offence punishable under Section 138 of the N.I. Act under Section 256(1) of the Cr.P.C. 2. The first respondent was being acquitted for the reason that neither the appellant/complainant nor his lawyer was present and consequently, the court below could not proceed with trial of the case. The appeal was filed before this Court in 2001 and now it is almost six and a half years and hitherto appellant has not shown any interest to have this matter heard if at all it be that a remand was desired by the appellant. Consequently, therefore, if at all a remand is to be ordered after six and a half years of Crl. Appeal No.768 of 2001 -2- filing the appeal the C.C. case of 1999 is to come back on the file of the Judicial First Class Magistrate's Court-I, Muvattupuzha after nine years for fault solely on the part of the appellant. Counsel for the appellant prays for one chance to enable the appellant to have the case considered on merits. 3. In the result, I order that in the event of the appellant depositing an amount of Rs.3,000/- by way of cost to the credit of Kerala State Legal Services Authority within one week from today and producing receipt in proof thereof this Criminal Appeal shall stand allowed and the case remanded back to the court below affording an opportunity to the appellant to have his case tried and disposed of on merits. In case of failure, this Criminal Appeal shall stand dismissed. Report compliance on 13/02/08. K.P.BALACHANDRAN, JUDGE kns/- Crl. Appeal No.768 of 2001 -3- Counsel for the appellant submits that cost is not deposited in compliance with the direction in the judgment dt.05/02/08. Consequently, this appeal stands dismissed vide judgment dt.05/02/08. K.P.BALACHANDRAN Judge 13/02/08