IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 CRL.A.No. 1610 of 2007() ------------------------ CC.1136/2001 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... APPELLANT: COMPLAINANT ---------------------- RASHEED ALI, S/O KUNJUMOHAMMED, AYYARIL HOUSE, AZHIKODE VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.T.N.MANOJ RESPONDENTS: ACCUSED -------------------- 1. ABBAS, S/O KIZHEKKEPRAM KARAYIL ISMAIL, KODUVALLY VILLAGE, PARAVOOR TALUK. 2. STATE OF KERALA. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ----------------------------------------------- Criminal Appeal No. 1610 OF 2007 (A) ----------------------------------------------- Dated this the 28th day of August, 2008 J U D G M E N T The complainant in C.C.1136/2001 on the files of the Judicial Magistrate of First Class-III, Thrissur is the appellant herein. The calender case arose on account of the complaint filed by the complainant against the accused alleging that the latter has committed an offence under Section 138 of Negotiable Instruments Act. Apparently, on 29-1-2004, it was only a formal posting of the case and the complainant contacted his counsel to make the representation seeking exemption from appearance. It seems, the accused was yet to appear in the case, in spite of service of summons. 2. The learned Magistrate proceeded to take note of the absence of the complainant, then proceeded to Crl.Appeal No.1610/2007 - 2 - acquit the accused under Section 256(1) of Cr.P.C. 3. Having heard the learned counsel for the appellant, I am satisfied that there is no deliberate default on the part of the complainant in prosecuting the complaint. There is no appearance on behalf of the accused. Under such circumstances, the appeal is allowed and order of acquittal is set aside. The complaint is restored to file and the court below shall proceed with C.C.1136/2001, in accordance with law. The complainant shall appear before the court below on 17-11-2008. Sd/- V. GIRI, JUDGE skr // True copy // P.A. to Judge.