PRAMOD M P Vs. JASMIN SIDDIQU

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 23.4.2012 in S.T.No. 3647 of 2009 of the court of the Judicial First Class Magistrate, Muvattupuzha by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) COUNSEL for the appellant submitted that after the appearance of the accused, the case was posted on 21.4.2012 for evidence and on that day, the complainant could not appear as he was laid up due to viral fever and the counsel, who appeared for the complainant, sought time for adducing evidence, but the learned Magistrate granted only two days time and posted the case on 23.4.2012. It is also the submission of the learned counsel that as the cheque in question covers an amount of Rs.1,60,000/-, the learned Magistrate ought not have acquitted the accused under Section 255(1) of the Cr.P.C. without affording proper opportunity to adduce evidence. Therefore, the counsel submitted that one more opportunity may be given tot he appellant/complainant to prosecute the matter on merit.

(3.) IN the result, this appeal is allowed setting aside the judgment dated 23.4.2012 in S.T.No. 3647 of 2009 of the court of the Judicial First Class Magistrate, Muvattupuzha and the matter is remanded back to the same trial court on condition that the petitioner deposits a sum of Rs.3000/- (Rupees Three Thousand only) in the trial court within one month from today and accordingly, the trial court is directed to restore the above case on its file on 24th August,2012 on which date, the complainant is directed to appear before the trial court. On the appearance of the appellant/complainant and on the satisfaction of the learned Magistrate that the appellant has deposited the above amount, the learned Magistrate is directed to proceed with the trial of the case in accordance with the procedure and law from the stage at which the above order was passed and to dispose of the same on merit after affording an ample opportunity to the appellant/complainant as well as the respondent concerned.