BABU MOHAN P.B. Vs. BABY PAUL

JUDGEMENT

(1.) The appellant is the complainant in C.C.No. 1245/2002 on the files of the court below. The appellant filed a complaint against the first respondent herein before the court below alleging offence under section 138 of the Negotiable Instruments Act (in short, 'the N.I.Act'). The court below acquitted the accused as per order dated 29.11.2005 under Sec. 256(1) Crimial P.C., 1973 against which this appeal has been filed after obtaining special leave from this Court.

(2.) Heard.

(3.) It is contented by the appellant that the case stood posted for evidence to 10.11.2005. However, 10.11.2005 was a holiday and hence the case was notified to 24.11.2005. However, there was an inadvertent mistake in noting down the date of posting of the case and in the said circumstances, the appellant had no representation before the court on 24.11.2005 as well as on 29.11.2005. It is contended that there was no willful negligence on the part of the appellant in this regard. Having gone through the relevant inputs, including the contention of the appellant, I am of the view that it is only just and proper to grant one more opportunity to the appellant to contest the matter on merits. For the said reason, I am inclined to set aside the order impugned. In the result, this appeal stands allowed, setting aside order dated 29.11.2005 in C.C.No. 1245/2002 passed by the court below, acquitting the accused under Sec. 256(1) Crimial P.C., 1973 and the court below is directed to proceed with C.C.No. 1245/2002, in accordance with law. The proceedings of the court below shall stand relegated to the stage prior to the acquittal of the accused on 29.11.2005. The parties shall appear before the court below on 1.10.2018 without further notice.