IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 CRL.A.No. 227 of 2008() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.80/2008 Dated 28/01/2008 CC.245/2007 of JUDL.FIRST CLASS MAGISTRATE COURT – III, KOTTARAKKARA DATED 11/12/2007 .................... APPELLANT: COMPLAINANT: ---------------------------------------------- RAJU, ANJANATHIL, VENDAR P.O., PUTHOOR. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ACCUSED & STATE: --------------------------------------------------------- 1. V. SATHEESHAN, ROOM NO.2, BLOCK NO.5, GROUND FLOOR, NURSES RESIDENTIAL COMPLEX, SRINIVASPURI, DELHI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.V.P.MOHAMMED NIYAZ - R1 BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU – R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------- Crl.Appeal.NO. 227 of 2008 --------------------------------- Dated this the 19th day of August, 2008. JUDGMENT The complainant in CC.No.245/2007 on the files of the Judicial First Class Magistrate Court-III Kottarakkara is the appellant herein. The complaint was filed alleging that the accused committed offence punishable under section 138 of the Negotiable Instruments Act. Apparently, the complaint was filed in 2006 and thereafter the case was posted on two occasions. It seems that the posting of the case on 11.12.2007 from 24.10.2007. 11.12.2007 was wrongly noted as 17.12.2007. Resultantly neither the appellant nor the counsel present on 11.12.2007 and this resulted an acquittal of the accused under section 256(1) of the Cr.P.C. The same has been challenged in this Appeal. 2. I heard learned counsel on both sides. Taking note of the fact that the cheque forming the subject matter of the complaint was for an amount of Rs.2 lakhs and further taking note of the fact that the order does not reflect a case of Crl.A.227/2008 2 consistent default on the part of the complainant, I am of the view that the complainant is entitled to get another chance. In the result, the order of acquittal dated 11.12.2007 is set aside. The complaint is restored to file. The court below is directed to proceed further with CC.245/2007 in accordance with law. The parties are directed to appear before the court below on 6.10.2008. V. GIRI, JUDGE. Pmn/ Crl.A.227/2008 3