IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 CRL.A.No. 2083 of 2007() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.590/2007 Dated 20/08/2007 CC.1510/1997 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM APPELLANT: COMPLAINANT ---------------------- PRASANNAN, P & T OFFICE, MEDICAL COLLEGE, KOTTAYAM. BY ADV. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENTS: ACCUSED -------------------- 1. BENNY ABRAHAM, KARIKULATHIL HOUSE, MANJOOR P.O., KURUPPAMTHARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ----------------------------------------------- Criminal Appeal No.2083 OF 2007 (A) ----------------------------------------------- Dated this the 28th day of August, 2008 O R D E R The complainant in C.C.1510/1997 on the files of the Judicial First Class Magistrate-III, Kottayam is the appellant herein. The complaint was filed on the allegation that the accused had issued a cheque for an amount of Rs.40,000/-, which was dishonoured for want of sufficient funds and in spite of demand, the accused failed to pay the amount. 2. The court below took cognizance of the complainant and summoned the accused. The accused was not present on several occasions. Apparently, the case was posted on 21-11-1998, on which day the complainant could not be present because he was away from Kottayam in connection with his duties. Crl.Appeal No.2083/2007 - 2 - 3. The court below proceeded to take note of the absence of the complainant and acquitted the accused under Section 256(1) of Cr.P.C. Hence, this appeal. 4. I heard Adv.Sri.Lal George, the learned counsel for the appellant. There is no appearance on behalf of the accused. Having gone through the appeal, I am satisfied that there is no deliberate default on the part of the complainant for prosecuting the complaint. The complainant is entitled to another chance. In the result, the appeal is allowed and order of acquittal is set aside. The complaint is restored to file. The court below shall further proceed with C.C.1510/1997, in accordance with law. The complainant shall appear before the court below on 17-11-2008. Sd/- V. GIRI, JUDGE skr // True copy // P.A. to Judge.