IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 CRL.A.No. 1003 of 2009() ------------------------ STC.5482/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... APPELLANT(S): ------------------------ KARIM, S/O.KADEEJA, AGED 23 YEARS, CHESME SHAHI, CHETTACOON ROAD, THALASSERY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SALIM K.M., S/O.K.K.SHARFUDIN, RESIDING AT CHETTAMKUNNU VADIKAKAM DESOM, THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ---------------------------- 1. K.V.MUNAVER, S/O.ABDULLA, “FIRDUS”, THILANNOOR ROAD, THAZHE CHOVVA, KANNUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.RAJESH SUKUMARAN FOR R1 PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. = = = = = = = = = = = = = = = = Crl.A.No.1003 of 2009 = = = = = = = = = = = = = = = = = Dated this the 27 th day of October, 2009. JUDGMENT In this appeal filed by the complainant in S.T.C.No.5482 of 2005 on the file of the Judicial First Class Magistrate, Thalassery, he challenges the order dated 5.8.2008 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.35,000/-. 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. S.T.C.No.5482 of 2005 shall stand restored to file and shall Crl. Appeal No.1003/2009 : 2 : be disposed of in accordance with law after giving both sides an opportunity of being heard. The parties shall appear before the court below on 9.11.2009 without any further notice. This appeal is disposed of as above. Dated this the 27th day of October, 2009. V. RAMKUMAR, JUDGE. sj Crl. Appeal No.1003/2009 : 3 :