GENERAL MANAGER, TRIVANDRUM DISTRICT CO Vs. VIJAYAN R.

JUDGEMENT

(1.) The complainant in a prosecution for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant as he is aggrieved by the order dated 18/02/2009 in S.T. Case No.721 of 2007 of the court of the Judicial Magistrate of the First Class-III, Nedumangad by which the learned Magistrate acquitted the accused under Sec. 256(1) of the Cr.P.C.

(2.) The learned counsel for the appellant submitted that the complainant is a Co-operative Institution from where the accused/respondent availed a loan and issued cheque to the discharge of the liability connected with such loan transaction. Counsel for the appellant further submitted that, though the court took cognizance for the offence punishable under Sec. 138 of the N.I. Act, there is no decision on merit and therefore one more opportunity may be given to the appellant to prosecute the matter on merit considering the fact that the complainant is a co-operative institution.

(3.) I have carefully considered the submission of the learned counsel for the appellant. From the impugned order it is not discernible whether the learned Magistrate is of the opinion that the complainant is regularly absent or not. Since the order is cryptic in nature, this Court is not in a position to ascertain whether the learned Magistrate has applied his mind while invoking Sec. 256 (1) of Crimial P.C. Having regard to the facts and circumstances involved in the case especially when the complainant is a co-operative institution, particularly when there is no decision on merit in spite of the fact that the cognizance has already taken, it is only just and proper to grant one more opportunity to the complainant to prosecute the matter on merit but subject to terms.