RAJALAKSHMI D/O PONNAMMA PILLAI Vs. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant as she is aggrieved by the order of acquittal recorded by the trial court under Section 256(1) of the Code of Criminal Procedure.

(2.) LEARNED counsel for the appellant submitted that the cheque in question covers an amount of Rs. 2 lakhs and the appellant was prosecuting the matter effectively, but due to the mistake committed by the clerk of the counsel for the complainant in the trial court, instead of noting the exact date i.e.19.8.2011, the date was mistakenly noted as 19.9.2011 and when the case was called on 19.8.2011, neither the complainant nor her counsel was present and consequently, the learned Magistrate issued the impugned order. Thus, according to the counsel, there was no negligence or laches on the part of the complainant or her counsel in appearing before the court below. Therefore, the counsel submitted that one more opportunity may be given to the complainant to prosecute the matter on merit and to have a decision thereon.

(3.) IT is made clear that if there is any failure on the part of the appellant either in depositing the amount mentioned above within the time or in appearing before the court below on the date fixed for her appearance, this order will stand vacated and consequently, the above appeal will stand dismissed. In case the appellant/complainant complies with the above direction and co-operates with the inquiry and trial of the case, the learned Magistrate is directed to expedite the proceedings and dispose of the case as expeditiously as possible as the case pertains to the year 2007. This Criminal Appeal is disposed of as above.