JOSEPH HUBE Vs. SANKARAN CHETTIYAR

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 10/07/2008 in C.C.No.734 of 2007 of the court of the Judicial Magistrate of the First Class, Kodungallur by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) HEARD the learned counsel for the appellant. Though notice is served on the respondent no body has turned up and the appeal is not defended.

(3.) IN the result, this appeal is disposed of setting aside the order dated 10/07/2008 of the court of the Judicial Magistrate of the First Class, Kodungallur in C.C.No.734 of 2007 on condition that the appellant/complainant deposits a sum of Rs.3,000/- (Rupees Three thousand only) in the trial court on or before 23/08/2012. Accordingly, the appellant/complainant is directed to appear before the trial court on 23/08/2012 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.3,000/- (Rupees Three thousand 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 Rs.3,000/-, Rs.2,000/- shall be given to the accused and the remaining Rs.1,000/- 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 2007.