IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 CRL.A.No. 663 of 2002 - C ( ST.353/1999 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE) .................... APPELLANT/COMPLAINANT: ---------------------------------- K.C. UMMIKULSU, W/O. T. AHAMMED KOYA, THARAYANGAL PARAMBA, KASABA AMSOM, DESOM, KOZHIKODE TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER, T. AHAMMED KOYA, S/O. MOHAMMED MOLLA, THARAYANGAL PARAMBA, KASABA AMSOM, DESOM. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/ ACCUSED & STATE: ------------------------------------------- 1. T.K. GANGAN MENON, S/O. PADMAVATHY AMMA, THERAMPATTIL HOUSE, KASABA AMSOM, DESOM, KOZHIKODE TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.A.No. 663 of 2002 - C --------------------------------------------- Dated this the 18th day of September, 2008 J U D G M E N T This is an appeal filed challenging the order of the court below dated 11.1.2002 in S.T.No.353/1999 by which the complaint filed under Section 138 of the Negotiable Instruments Act by the appellant was dismissed and the accused was acquitted under Section 256(1) of the Criminal Procedure Code. 2. It is submitted by the counsel for the appellant as claimed in the appeal that the counsel had made an application before the court below to condone the absence of the complainant as the Power of Attorney, who was representing the complainant, was laid up. That application was dismissed without assigning any reason, the counsel submits. The amount involved in this case is about Rs.16,000/-. The counsel further submits that this Court, by judgment dated 3.3.2006 in Crl.A.No.673 of 2002, allowed another appeal wherein the parties are one and the same. In the present case also, there is no Crl.A.NO. 663 of 2002 :-2-: decision on merit and hence, it is only just and proper to give an opportunity to the complainant to prosecute the complaint effectively. 3. In the light of the above facts and circumstances, the order of the court below is set aside and the court below is directed to take up the complaint on file within one month from the date of receipt of a copy of this judgment and to further proceed with the matter and dispose of the case on merits. The parties are directed to appear before the court below as and when the process is received from the court below. The Crl. Appeal is disposed of with the above direction. V.K.Mohanan, Judge MBS/ Crl.A.NO. 663 of 2002 :-3-: V.K.MOHANAN, J. -------------------------------------------- Crl.A.NO. 663 OF 2002 -------------------------------------------- O R D E R DATED: 18-9-2008 Crl.A.NO. 663 of 2002 :-4-: