IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 CRL.A.No. 1219 of 2010() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.496/2010 Dated 27/05/2010 ST.583/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... APPELLANT(S): PETITIONER/COMPLAINANT ------------------------------------ M/S.SREE GOKULAM CHIT & FINANCE,CO.PVT. LTD., COMMERCIAL SHOPPING COMPLEX, BISHOP JEROME NAGAR, KOLLAM, REPRESENTED BY IT'S AUTHORIZED REPRESENTATIVE P.D.MADHU KUMAR, AGED 54 YEARS, S/O.DHAMODHARAN, THOPPIL HOUSE, NEERAVIL, PERINAD P.O., KOLLAM. BY ADVS. SRI.K.S.BABU SMT.N.SUDHA SMT.M.K.ASWATHI RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. RAVEENDRAN PILLAI, S/O.RAMAKRISHNAN, KUMAR NIVAS, KAVANAD P.O., KOLLAM-691 003. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.M.R.VENUGOPAL, PUBLIC PROSECUTOR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ V.K.MOHANAN, J. ------------------------------- Crl. APPEAL No.1219 of 2010 ------------------------------- Dated this the 2nd day of July, 2010. J U D G M E N T Challenging the order u/s.256(1) of Cr.P.C. the complainant in a prosecution for the offence u/s.138 of Negotiable Instruments Act, preferred this appeal. 2. The learned counsel for the appellant submitted that the complainant has deposited the process on 24.4.2009, 30.5.2009 and on 29.10.2009. So according to the learned counsel, the complainant was prosecuting the matter effectively but unfortunately the complainant could not appear on 31.12.2009 and therefore an application was filed to condone his absence and also sought time to furnish the correct address of the accused. 3. Having regard to the facts and circumstances involved in the case, I am of the view that the learned Magistrate ought not have issued such an order acquitting the accused and court ought to have granted time to the complainant to take steps, especially when the accused has not appeared so far. Crl. APPEAL No.1219 of 2010 2 Therefore, I am of the view that the complainant can be granted one more opportunity to prosecute the matter on merit but subject to terms. In the result, this criminal appeal is disposed of setting aside the order dated 31.12.2009 in S.T.No.583/07 of the Court of Chief Judicial Magistrate-Kollam, on condition that the appellant depositing a sum of Rs.1,000/- in the court below and accordingly the complainant is directed to appear before the trial court on 2.8.2010, on which date the learned Magistrate is directed to restore the complaint on file and on his satisfaction that the complainant has paid the amount as directed above, the learned Magistrate is further directed to proceed with the complaint in accordance with law and procedure and to dispose the same on merit. On depositing the above amount, the same shall be paid to the State Exchequer. V.K.MOHANAN, Judge. ami/