Kerala High Court
Thiruvananthapuram Farmer'S Social ... vs Meera A @ Meenakumari on 8 November, 2024
2024:KER:84150
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 8TH DAY OF NOVEMBER 2024/ 17TH KARTHIKA, 1946
CRL.A NO. 132 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 18.10.2014 IN ST NO.52
OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,
NEYYATTINKARA
(Crl.L.P. NO.16 OF 2015 OF HIGH COURT OF KERALA)
APPELLANT/COMPLAINANT:
THIRUVANANTHAPURAM FARMER'S SOCIAL WELFARE
CO-OP. SOCIETY LTD NO.T-1565
KALLIYOOR BRANCH, REP. BY ITS BRANCH MANAGER,
KALLIYOOR P.O., THIRUVANANTHAPURAM-695 523.
BY ADV SRI.N.P.PRAJEESH
RESPONDENTS/ACCUSED & STATE:
1 MEERA A @ MEENAKUMARI,
AGED 45 YEAR, D/O.BHASKARAN NADAR, P.M.SADANAM,
VENNIYOOR, NELLIVILA P.O., THIRUVANANTHAPURAM-
695 042.
2 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
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2
Crl.Appeal No.132 of 2015
SRI. C.N. PRABHAKARAN- SR.P.P
THIS CRIMINAL APPEAL HAVING COME UP FOR FINAL
HEARING ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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3
Crl.Appeal No.132 of 2015
P.G. AJITHKUMAR, J.
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Crl.Appeal No.132 of 2015
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Dated this the 8th day of November, 2024
JUDGMENT
This is an appeal filed by the complainant in S.T.No.52 of
2014 on the files of Judicial Magistrate of the First Class-V
Neyyattinkara. The 1st respondent is the accused. She was
acquitted by the learned Magistrate as per the judgment
dated 18.10.2014 invoking the provisions of Section 256(1) of
the Code of Criminal Procedure, 1973 (Code). The said
judgment is under challenge in this appeal filed under Section
378(4) of the Code.
2. Despite service of notice, the 1 st respondent did not
choose to appear before the Court.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
4. The appellant filed a complaint alleging that the
cheque for Rs.83,138/- issued by the 1 st respondent in
discharge of a debt, when presented for encashment was
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returned unpaid for want of sufficient funds with her bank
account. Despite demand she did not repay the amount.
5. The learned Magistrate issued summons on the
complaint and the 1st respondent entered appearance. She
denied the accusation. The case was thereafter listed on
17.06.2014, 16.09.2014 and 18.10.2014. Neither the
appellant nor his counsel appeared before the court on
18.10.2014. The 1st respondent also did not choose to appear
before the court on that date. The learned Magistrate
acquitted the 1st respondent on the said day. It is contended
that the counsel of the appellant could not reach the court on
that date since he held up in a traffic block. It is urged that
when the inability of the counsel of the appellant to reach the
court in time resulted in the acquittal of the 1 st respondent,
the appellant should not be made to suffer for that. It is
accordingly submitted by the learned counsel for the appellant
that the impugned judgment is liable to be set aside.
6. If the complainant in a case involving summons
case failed to appear before the court on the day when the
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matter is taken up for hearing, it is apposite for the Magistrate
to acquit the accused under Section 256(1) of the Code.
However, it is not a rule that in every instance of
complainant's absence, the accused shall be acquitted. Here is
a case where the matter was listed for evidence, but it was
not a very old matter and there occurred continuous non-
appearance of the complainant and his counsel. Therefore, the
acquittal of the 1st respondent on 18.10.2014 was a hasty
order and unwarranted in the circumstances of the case. The
impugned judgment is therefore liable to be set aside.
7. Accordingly, this appeal is allowed. On setting aside
the impugned judgment, S.T.No.52 of 2014 is restored on file.
The appellant shall appear before the learned Magistrate on
09.12.2024.
The Registry shall forward the records forthwith to the
trial court.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
