A.R. GOPI Vs. THANOOJA

JUDGEMENT

(1.) The appellant is the complainant in C.C. No. 378 of 2005 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. The court below as per order dated 6.12.2005 acquitted the accused under Section 256(1) Cr.P.C., 1973 on the reason that the appellant had no representation on that day, against which this appeal has been filed, after obtaining special leave from this court.

(2.) Heard.

(3.) The learned counsel for the appellant has submitted that the appellant could not make representation before the court below on 6.12.2005 on the sole reason that the case was called out of order. This was the reason why the appellant could not be present before the court when the case was called on that date. The above submission of the learned counsel for the appellant finds place in the memorandum of appeal as well. The proceedings of the court below would show that the appellant was diligently prosecuting the case. Having gone through the relevant inputs, 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.