MEENA KUMARY Vs. K.K. SURENDRAN

JUDGEMENT

(1.) THIS appeal is instituted under Section 378(4) of the Code of Criminal Procedure to impugn the order rendered on 27.11.2010 by the Judicial First Class Magistrate Court -I, Mavelikkara in Calendar Case, C.C. No. 624 of 2009 on the file of that court. The Calendar Case arose out of a private criminal complaint filed by the appellant herein alleging that the accused therein (1st respondent herein) had committed the offence punishable under Section 138 of the Negotiable Instruments Act for the alleged dishonour of the cheque in question for an amount of Rs. 4 Lakhs. The court below passed the impugned order virtually dismissing the complaint due to the absence of the complainant on 27.11.2010 thereby leading to the acquittal of the accused under Section 256(1) of the Cr.P.C.

(2.) HEARD Sri. Vincent Joseph, learned counsel for the appellant, and Sri. S. Sachithananda Pai, learned counsel appearing for the 1st respondent and the learned Public Prosecutor appearing for the 2nd respondent State of Kerala.

(3.) AFTER hearing the learned counsel for the appellant and the learned counsel for the 1st respondent, this Court is of the considered opinion that the impugned order needs to be interfered with so as to facilitate the rendering of a decision on merits by the court below after affording reasonable opportunity to both sides. Accordingly, the impugned order is set aside and the Calendar Case, C.C. No. 624 of 2009 shall stand restored to the file of the Judicial First Class Magistrate Court -I, Mavelikkara. The court below shall render a decision on merits after affording reasonable opportunity to both sides and in accordance with law. Having regard to the fact that the calendar case was instituted in the year 2009, the court below shall endeavour to finally dispose of the case within an outer time limit of six months from the date of production of a certified copy of this judgment.