GOKULAM CHITS AND FINANCE C/O PVT LTD PATHANAMTHITTA REPRESENTED BY POWER OF ATTORNEY HOLDER JAMES PHILIP Vs. NANDAKUMAR N KUTTIKKATTU HOUSE THAZHEKKARA P O MAVELIKKARA

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 since it is aggrieved by the judgment dated 26.6.2009 in S.T.No.286 of 2009 of the court of Judicial First Class Magistrate-II, Pathanamthitta, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) LEARNED counsel for the appellant submits that the impugned order was passed immediately after the issuance of the summons to the accused. LEARNED counsel also submits that there was mistake in noting down the exact date of the posting of the case and instead of 26.6.2009, it is noted as 26.7.2009 and as such there was no lapse or negligence on the part of the complainant in appearing before the court below. Therefore, the counsel submits that one more opportunity may be given to the complainant to prosecute the matter on merit, especially when the cheque in question covers an amount of Rs.14,541/- .

(3.) IN the result, this appeal is disposed of setting aside the order dated 26.6.2009 in S.T.No.286 of 2009 of the court of Judicial First Class Magistrate-II, Pathanamthitta, on condition that the appellant/complainant deposits a sum of Rs.500/- (Rupees five hundred only) within one month from today, in the trial court. Accordingly, the appellant is directed to appear before the trial court on 9.5.2012, on which date the learned Magistrate is directed to restore the complaint on file and on his satisfaction that the appellant/complainant depositing the amount as directed above, the learned Magistrate 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. It is made clear that if there is any failure on the part of the appellant either in appearing before the court on the date fixed for her appearance and depositing the above amount within the time stipulated above, this order will stand vacated and consequently this appeal will also stand dismissed. IN case the appellant/complainant complies with the above direction, and on the appearance of the accused, the sum of Rs.500/- shall be given to the accused. As the case pertains to the year 2009, the learned Magistrate is directed to expedite the trial of the case as expeditiously as possible. The Criminal Appeal is disposed of as above.