N T APPU Vs. PADIPARAMBATH MEETHAL RAGHAVAN

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 of acquittal recorded by the trial court under Section 256(1) of the Code of Criminal Procedure.

(2.) LEARNED counsel for the appellant submitted that on the date of the impugned order, the appellant was at the age of 80 years and he could not appear before the court due to his illness. It is the further submission of the learned counsel that though the appellant was absent, he was adequately represented and an application was moved on his behalf to excuse his absence, but such application was dismissed without assigning any acceptable reason and mainly for the reason that no medical certificate is produced. It is the further submission of the learned counsel that since the cheque in question covers an amount of Rs. 10,500/- , there is no decision on merit and though cognizance is taken, one more opportunity may be given to the appellant/complainant.

(3.) IN the result, this appeal is disposed of setting aside the order dated 22.9.2006 of the court of Judicial First Class Magistrate-V, Kozhikode in S.T.No.2942 of 2004 on condition that the appellant/ complainant deposits a sum of Rs. 1500/- (Rupees One Thousand Five Hundred only) in the trial court on or before 28.6.2012. Accordingly, the appellant/complainant is directed to appear before the trial court on 28.06.2012 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. 1500/- 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. 1500/-, Rs. 1000/- shall be given to the accused and the remaining Rs. 500/- 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 2004. This Criminal Appeal is disposed of as above.