IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 CRL.A.No. 2065 of 2009() ------------------------ CC.1393/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES), ERNAKULAM .................... APPELLANT: PETITIONER/COMPLAINANT:- ---------------------------------------------- V.CHANDAYAPPAN,S/O.VENKATACHALA MUDALIAR AGED 61 YEARS,LAKSHMI NIVAS,KOCHUKADAVANTHARA, KADAVANTHARA P.O.,KASTHURBA NAGAR, ERNAKULAM-682 020. BY ADV. MR. SHAIJAN C.GEORGE MR. JOHN VIPIN MS. S.REKHA MS. SAJITHA GEORGE MR. V.K.KISHORE RESPONDENTS/RESPONDENTS:- ------------------------------------- 1. ALBERT MENDEZ, KALANGARA HOUSE, ANANTHURUTHYCHIRA ROAD, KADAVANTHARA P.O.,KOCHUKADAVANTHARA, ERNAKULAM-682 020. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. MR. PEARLY JOSE FOR R1 MR. MANOJ RAMASWAMY FOR R1 MS. RUBY P.PAULOSE FOR R1 MS. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.A. No. 2065 of 2009 ------------------------------------------------------------ Dated this the 9th day of October, 2009. JUDGMENT The complainant in C.C. No. 1393 of 2006 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.25,000/- is the appellant in this appeal. The court below as per the impugned order dated 16.05.2009 acquitted the accused under Section 256(i) Cr.P.C due to the absence of the complainant and for want of representation on his behalf. 2. The learned counsel for the respondent/accused submits that the appellant remained absent on the date on which the case stood posted for evidence and that was why the court below was constrained to acquit the accused. 3. May be, there was some latches on the part of the appellant/complainant. But the fact remains that the Crl. Appeal No. 2065/2009 : 2 : impugned order of acquittal was passed otherwise than on merits. I am, therefore, inclined to set aside the order. The impugned order is accordingly dislodged and C.C. No. 1393 of 2006 shall stand restored to file. It shall be disposed of on merits in accordance with law after giving both sides an opportunity of being heard. The parties shall appear before the court below on 28.10.2009 without any further notice. This appeal is disposed of as above. Dated this the 9th day of October, 2009. V. RAMKUMAR, JUDGE. rv Crl. Appeal No. 2065/2009 : 3 :