AI Structured Summary
Not yet generated for this judgment
Judgment
The above appeal is filed by one P.G Pragesh, who is the complainant in C.C.No.860/2000 on the file of the Judicial First Class Magistrate Court-II,
Ernakulam.
Pending the above appeal Sri.P.G Pragesh died. Therefore, his legal heirs impleaded as additional appellants Nos.2 and 3 in this appeal.
The original complainant Mr.P.G Pragesh filed a complaint against respondents Nos.1 and 2 alleging offences punishable under Section 138 of the
Negotiable Instruments Act.
The learned Magistrate took cognizance of the offences and issued summons to the accused. Accused appeared. Thereafter, when the case was
posted on 01.04.2004, the learned Magistrate acquitted the accused under Section 256 of Cr.P.C, observing that there is no proper representation on
the side of the complainant. Aggrieved by the above order of acquittal, this Criminal Appeal is filed.
Heard the learned counsel for the appellants and the learned Public Prosecutor.
The learned counsel for the appellants submitted that, there was proper representation on behalf of the complainant before the lower court and the
learned Magistrate acquitted the accused saying that, there is no representation. The learned counsel for the appellants submitted that, the additional
appellant Nos.2 and 3 wants to proceed with the case and one more opportunity may be given.
Considering the entire facts and circumstances of the case, and also considering the cheque amount involved in this case, I think, one more chance
can be given to the appellants in this case to prosecute the case.
Therefore, this Criminal Appeal is allowed.
The order dated 01.04.2004 in C.C.No.860/2000 on the file of the Judicial First Class Magistrate Court-II, Ernakulam is set aside.
The Judicial First Class Magistrate Court-II Ernakulam, is directed to restore C.C.No.860/2000 on file and proceed the case in accordance to law.
Since this is an old matter , the learned Magistrate will take every endeavor to dispose the matter as early as possible.