MUTHOOT LEASING AND FINANCE LIMITED Vs. SARALA VIJAYAN

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 17.09.2011 in C.C.No.376 of 2009 of the court of Judicial First Class Magistrate-I, Cherthala, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) HEARD the counsel for the appellant. I have perused the order of the trial court impugned in this appeal.

(3.) IN the result, this appeal is disposed of setting aside the order 17.09.2011 in C.C.No.376 of 2009 of the court of Judicial First Class Magistrate-I, Cherthala, on condition that the appellant/complainant deposits a sum of Rs.1,500/- (Rupees One Thousand Five Hundred only) within one month from today, in the trial court. Accordingly, the appellant is directed to appear before the trial court on 16.4.2012, 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 his 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, a sum of `.1,000/-, out of the above amount, shall be given to the accused and the remaining amount of `.5,00/- shall be deposited in the State Exchequer. 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.