A.P. KUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the complainant in C.C. No. 1124/2008 on the file of the Judicial First Class Magistrate's Court-II, Cherthala, wherein the 2nd respondent herein is alleged to be the accused for offence punishable under section 138 of the Negotiable Instruments Act. The dishonoured cheque in question is for Rs. 3 lakhs. The proceedings before the trial court has commenced in the year 2008. It is pointed out that P.W-1 was examined as early as in the year 2010 and that DW-1 was also examined in the year 2012. Now by the impugned order it appears that thereafter the earlier judicial officer was transferred and new judicial officer has taken charge and in view of that, as per the impugned order dated 12.6.2014, as reflected in Anx.A-2 proceedings sheet, the learned Magistrate has ordered that since the evidence was recorded by his predecessor, it requires de novo trial and hence the case has been posted for tendering evidence in the de novo trial. This is the order that is under challenge in this Crl.M.C.. The prayers in this Crl.M.C. are as follows:

(2.) Though notice had been duly served on R-2 (accused), there is no appearance for that party.

(3.) Heard Sri.K.Mohanakannan, learned counsel appearing for the petitioner (complainant) and Sri.Justin Mathew, learned Prosecutor appearing for R-1 State.