BENNY THOMAS Vs. E.K.JOSE

JUDGEMENT

(1.) The above appeal is filed against the judgment dated 10.6.2005 in C.C. No. 88/2000 on the file of the Judicial First Magistrate Court, Vaikom. The appellant is the complainant in this case. He filed the above case for prosecuting the first respondent herein.

(2.) When this Crl.Appeal came up for consideration on 7.7.2020, there was no representation for the appellant. Therefore, the case was adjourned. Subsequently, the case was posted on 22.9.2020. On that day also there was no representation. Therefore, the case again posted today. Today also, there is no representation for the appellant. This appeal is filed on 17.8.2005, This appeal is pending before this Court for the last fifteen years. A Criminal Appeal filed under Section 378(4) Cr.P.C cannot be dismissed for default. The counsel for the first respondent is present. Therefore, I decided to hear this appeal on merit.

(3.) The appellant filed the case against the first respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act. The case of the appellant is that on 17.5.1999, the accused approached the complainant and borrowed a sum of Rs.55,000/- with an undertaking to repay the same within six months. Towards the liability, the accused issued a cheque. When the cheque was presented, the same was returned with an endorsement 'insufficient funds'. When statutory notice was issued, the accused refused to pay the amount and hence the complaint is filed.