SHRIRAM TRANSPORT FINANCE CO LTD Vs. C SUDHAKARAN

JUDGEMENT

(1.) THE appellant is the complainant in a private complaint and the present appeal is preferred against the order dated 21.1.2012 in C.C.No.79 of 2009 of the court of the Judicial First Class Magistrate, Kayamkulam, since the learned Magistrate discharged the accused under Section 249 of the Cr.P.C., who faced the prosecution for the offence under Section 420 of the I.P.C. in their complaint.

(2.) LEARNED counsel for the appellant submitted that the private complaint was launched on the ground that the accused, though availed a loan for purchasing a vehicle, had cheated the complainant by taking away the vehicle without making the payment and the value of the vehicle fetches to Rs.6,80,000/-. It is the further submission of the learned counsel that though the complainant was present on the previous posting date, as there was a mistake occurred in noting down the posting of the case on 21.1.2012, neither the complainant nor its counsel was present and consequently, the learned Magistrate issued the impugned order. Therefore, the counsel submitted that one more opportunity may be given to the appellant to prosecute the matter on merit.

(3.) IN the result, this criminal appeal is disposed of setting aside the order dated 21.1.2012 in C.C.No.79 of 2009 of the court of the Judicial First Class Magistrate, Kayamkulam and the matter is remanded back to the trial court on condition that the appellant/complainant deposits a sum of Rs.3000/- (Rupees Three Thousand only) in the trial court on or before 13.8.2012. Accordingly, the appellant/complainant is directed to appear before the trial court on 13.8.2012 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 Rs.3000/- in the court below as directed above, the learned Magistrate is further directed to proceed with the trial of the case from the stage at which the impugned order was passed, in accordance with the procedure and law and dispose of the same on merit. On the appearance of the accused, a sum of Rs.2500/- shall be paid to him and the remaining amount 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 its 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.