MOHAMMED S/O LATE ABOOBACKER Vs. VINOD

JUDGEMENT

(1.) THIS appeal is preferred at the instance of the complainant in a prosecution for the offence punishable under section 138 of the Negotiable Instruments Act as he is aggrieved by the order dated 24.1.2009 of the court of the Judicial First Class Magistrate, Pattambi in S.T.No.98 of 2008, by which the learned Magistrate, acquitted the accused under section 256 (1) Cr.P.C.

(2.) I have heard the counsel for the appellant as well as the Ist respondent.

(3.) IN the result, this appeal is disposed of setting aside the order dated 24.1.2009 of the court of the Judicial First Class Magistrate, Pattambi in S.T.No.98 of 2008, on condition that the appellant/complainant deposits a sum of Rs.2000/-(Rupees two thousand only) in the trial court, on or before 17.8.2012. Accordingly, the learned Magistrate is directed to restore the case on 17.8.2012, on which date the appellant/complainant and the Ist respondent/accused are directed to appear before the trial court. On satisfaction of the learned Magistrate that the complainant deposits the amount as directed above, the learned Magistrate is further directed to proceed with the case in accordance with the procedure and law and dispose of the same on merit. On deposit of Rs.2000/-, a sum of Rs.1000/- (Rupees one thousand only) shall be paid to the accused on his appearance and the remaining amount of Rs.1000/- shall be deposited in the State Exchequer. This Crl.Appeal is disposed of as above.