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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
M/S GEORGE & COMPANY IRON & STEEL MERCHANTS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts surrounding the dismissal of the complaint due to the absence of the appellant. (Para 1 , 2) |
| 2. court's view on granting further opportunities in the interest of justice. (Para 5) |
JUDGMENT
This appeal has been filed challenging the order dated
08-08-2018 in S.T. No.2075/2016 on the file of the Court of Special Judicial First Class Magistrate (NI Act Cases), Kozhikode. Through the impugned order, the complaint filed by the appellant/complainant alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 , against the 2nd respondent/accused was dismissed and the 2nd respondent/accused was acquitted under Section 256 of the Code of Criminal Procedure (Cr.PC). The appellant/complainant initially filed a complaint before the Judicial First Class Magistrate Court-I, Parappanangadi, as C.C.No.432/2025. The case was then transferred to the Court of Special Judicial First Class Magistrate (NI Act Cases), Kozhikode, pursuant to the amendment of Section 142 of the NI Act, and was renumbered as S.T.No.2075/2016.
2. Learned counsel appearing for the appellant/complainant would submit that the complaint was dismissed on 08-08-2018.
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