PEARL KURIAN Vs. K C JOSEPH

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 he is aggrieved by the order dated 29/01/2011 in C.C.No.100 of 2009 of the court of the Judicial Magistrate of the First Class-I, Thrissur by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) COUNSEL for the appellant submitted that the appellant/complainant, who was working as Managing Director of Thrissur Branch of Catholic Syrian Bank and he was transferred to Tamil Nadu and therefore he could not appear before the court on 29/01/2011. Thus according to the counsel there was no negligence on the part of the complainant in appearing before the court on the date of the impugned order and the complainant was adequately represented by his counsel. Therefore the counsel submits that, considering the amount covered by the cheque in question, one more opportunity may be given to the appellant.

(3.) IN the result, this appeal is disposed of setting aside the order dated 29/01/2011 of the court of the Judicial Magistrate of the First Class-I, Thrissur in C.C.No.100 of 2009 on condition that the appellant/complainant deposits a sum of Rs.1,500/- (Rupees One thousand five hundred only) in the trial court on or before 17/09/2012. Accordingly, the appellant/complainant is directed to appear before the trial court on 17/09/2012 on which date, the learned Magistrate is directed to restore the complaint on file and on his satisfaction that the appellant/complainant deposits a sum of '.1,500/- (Rupees One thousand five hundred only) in the court below as directed above, he is further directed to proceed with the trial of the case in accordance with the procedure and law and dispose of the same on merit. Out of the sum of '.1,500/-, '.1,000/- shall be given to the accused and the remaining '.500/- shall be deposited in the State Exchequer. 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 his 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 2009. This Criminal Appeal is disposed of as above.