GEORGE SHAJI Vs. JAMES VARGHESE

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 24.9.2008 in S.T.No. 1426 of 2006 of the court of the Judicial First Class Magistrate-II, Pathanamthitta 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 complainant was prosecuting the matter effectively and he had filed the proof affidavit in lieu of chief examination and the impugned order was passed when the case was posted for cross-examination of the complainant. It is the further submission of the learned counsel that the complainant could not attend the court on 24.9.2008 as he was laid up and there was no wilful laches or negligence. Counsel submitted that one more opportunity may be given to the complainant to prosecute the matter on merit.

(3.) IN the result, this appeal is disposed of setting aside the order dated 24.9.2008 in S.T.No. 1426 of 2006 of the court of the Judicial First Class Magistrate-II, Pathanamthitta on condition that the appellant/ complainant deposits a sum of Rs.2500 /- (Rupees Two Thousand Five Hundred only) in the trial court on or before 23.07.2012. Accordingly, the appellant/complainant is directed to appear before the trial court on 23.07.2012 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.2500/- 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.2500/-, Rs.1500/- shall be given to the accused and the remaining Rs.1000/- 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 2006. This Criminal Appeal is disposed of as above.