IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 CRL.A.No. 2328 of 2007() ------------------------ AGAINST THE ORDER IN CRLP.1150/2007 Dated 31/10/2007 CC.656/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... APPELLANT: COMPLAINANT ---------------------- A.S.MENON, REPRESENTED BY POWER OF ATTORNEY HOLDER, K.P.PUSHPARAJAN, KAZHANAKOTTA. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD RESPONDENT: ACCUSED -------------------- K.K.CHANDRAN, KANGARAPARAMBIL, POST PARAPUKARA, PUDUKKAD, TRICHUR DT. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A. 2328/2007 -------------------- Dated this the 27th day of August, 2008 JUDGMENT The complainant in C.C.No.656/2001 on the files of the Judicial First Class Magistrate Court-I, Kannur, is the appellant herein. The prosecution arose out of a complaint filed by the appellant herein against the accused alleging that the latter has committed an offence punishable under Section 138 of the Negotiable Instruments Act. 2. Finding that the complainant was represented by a Power of Attorney holder and also finding that he was absent on 25.8.2003, the accused was acquitted under Section 256(1) of the Code of Criminal Procedure. The same is challenged in the appeal. 3. Having perused the order of the Court below and having heard learned counsel for the appellant, and taking note of the submission that the original complainant was suffering from serious illness earlier, I think it is Crl.A.2328/2007 2 appropriate that the complainant be given another chance to prosecute the complaint. Though the accused has been served from this Court, he had not entered appearance. 4. In the result, the appeal is allowed. The order of acquittal is set aside and the complaint is restored to file. The Court below shall further proceed with C.C.No.656/2001, in accordance with law. The party shall appear before the Court below on 13.10.2008. V.GIRI, Judge mrcs