Disposed

Federt Chitties India Pvt.Ltd., v. S.R.Prasadh and Another

Kerala HC27 Sept 2012CRL.A/1172/2012

Case brief

AI extract

What is this about?

The Kerala High Court appealed against an acquittal in a cheque dishonour case where the complainant failed to appear. The court set aside the acquittal on the condition that the complainant pays a fee to allow the trial to proceed on merits.

What did the court decide?

The order dated 6.5.2008 setting aside the case is set aside on condition that the appellant deposits *1,500/- within one month to permit the trial to proceed.

Federt Chitties India Pvt.Ltd., Vs S.R.Prasadh and Another — Money Laundering | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.K.MOHANAN

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THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934

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CRL.A.No. 1172 of 2012 ( )

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AGAINST THE ORDER IN ST.41/2008 of J.M.F.C.-II,THODUPUZHA

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APPELLANT(S)/APPELLANT/COMPLAINANT:

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FEDERT CHITTIES INDIA PVT.LTD., KATTAPANA,REP.BY ITS POWER OF ATTORNEY MR.JOSEPH P.T.

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BY ADV. SRI.S.ANANTHAKRISHNAN

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RESPONDENT(S)/ACCUSED:

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1. S.R.PRASADH,

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PULICKAL VEEDU,UDUMBANOOR,THODUPUZHA.

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2. THE STATE OF KERALA,

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REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA

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ERNAKULAM.

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BY ADV.SMT.S.HYMA, PUBLIC PROSECUTOR

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 27-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ami/

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V.K.MOHANAN, J.

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Crl.A.No.1172 of 2012

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Dated this the 27^th day of September, 2012.

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J U D G M E N T

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The complainant in a prosecution for the offence

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punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant since it is aggrieved by the judgment dated 6.5.2008 in S.T.No.41 of 2008 of the court of Judicial First Class Magistrate-II, Thodupuzha, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

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Learned counsel for the appellant submitted that though the case was originally posted on 6.5.2008, the clerk attached to the counsel for the complainant in the trial court had mistakenly noted down the posting date as 16.5.2008 and therefore when the case was taken up on 6.5.2008, nobody appeared before the trial court and no

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Crl.A.No.1172 of 2012

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representation was made. Therefore, the counsel submits that one more opportunity may be given to the complainant.

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I have carefully considered the submissions

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made by the counsel for the appellant and I have also perused the judgment impugned in this appeal.

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Though the counsel for the appellant submitted about the mistake committed by the clerk of the counsel for the complainant in the trial court, no material or evidence is produced to substantiate the above contention. But it is also a fact that though the court has taken cognizance for the offence punishable under section 138 of the NI Act, based upon the complaint preferred by the appellant connected with the dishonour of cheque which covers an amount of `27,500/-, there is no finding on merit. Having regard to the facts and circumstances involved in the case, I am of the view that, though there is lapse on the part of the complainant in appearing before the court below, one more opportunity can be given to it to prosecute the matter on merit but subject to terms.

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Crl.A.No.1172 of 2012

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In the result, this appeal is disposed of setting aside the order dated 6.5.2008 in S.T.No.41 of 2008 of the court of Judicial First Class Magistrate-II, Thodupuzha, on condition that the appellant/complainant deposits a sum of `1,500/- (Rupees One Thousand Five Hundred only) within one month from today, in the trial court. Accordingly, the appellant is directed to appear before the trial court on 29.10.2012 , on which date the learned Magistrate is directed to restore the complaint on file and on his satisfaction that the appellant/complainant depositing the amount as directed above, the learned Magistrate is further directed to proceed with the trial of the case in accordance with the procedure and law and dispose of the same on merit. It is made clear that if there is any failure on the part of the appellant either in appearing before the court on the date fixed for his appearance and depositing the above amount within the time stipulated above, this order will stand vacated and consequently this appeal will also stand dismissed. In case the appellant/complainant complies with

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Crl.A.No.1172 of 2012

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the above direction, and on the appearance of the accused, a sum of 1,000/- shall be given to the accused and another sum of 500/- shall be deposited in the State Exchequer. As the case pertains to the year 2008, the learned Magistrate is directed to expedite the trial of the case as expeditiously as possible.

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The Criminal Appeal is disposed of as above.

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Sd/- V.K.MOHANAN, Judge

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ami/

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//True copy//

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P.A. to Judge

Federt Chitties India Pvt.Ltd., v. S.R.Prasadh and Another

Case brief

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Federt Chitties India Pvt.Ltd., v. S.R.Prasadh and Another

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