Crl.R.C.No.12/2019 1 2025:KER:25841 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.RC NO. 12 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2017 IN Crl.A NO.24 OF 2015 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, KOLLAM / ARISING OUT OF THE JUDGMENT DATED IN CC NO.700 OF 2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR THE COURT ON ITS OWN MOTION: SUO MOTU CRIMINAL REVISION CASE INITIATED BASED ON THE LETTER SUBMITTED BY SRI. SATHEESH PRABHU THIRUVANANTHAPURAM REGARDING THE DISPOSAL OF CRL.A.NO.24/2015 OF HTE ADDITIONAL DISTRICT AND SESSIONS COURT-IV, KOLLAM WITHOUT GIVING NOTICE TO 2ND RESPONDENT AGAINST RESPONDENT/APPELLANT & RESPONDENTS: 1 SRI.P.SASIDHARAN, S/O.SAMKUMAR, RESIDING AT RESHMI NIVAS, KOONAYIL CHERRY, PARAVOOR, KOLLAM. 2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA. 3 SRI.SATHEESH PRABHU, S/O.NADAGOPALAN PRABHU, DEVELOPMENT OFFICER, LIC OF INDIA, CHATHANNOOR, RESIDING AT PRANAVAM, TC.27/1952, THUMBRA LINE, CHIRAKKULAM ROAD, G.P.O., THIRUVANANTHAPURAM-695001. SRI.M.P. PRASANTH, PP THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.C.No.12/2019 2 2025:KER:25841 ORDER This suo motu criminal revision case was registered based on the direction of the Registrar (Subordinate Judiciary). 2. Sri. Satheesh Prabhu, who is the 3rd respondent in this revision case was the complainant in C.C.No.700/2008 of the Judicial First Class Magistrate Court, Paravur. The 1st respondent herein, namely Sri. P. Sasidharan was the accused. It was a private complaint filed under Section 142 of the Negotiable Instruments Act (for short, the NI Act) alleging offence punishable under Section 138 of the NI Act. The learned Magistrate convicted the 1st respondent and sentenced him to imprisonment and fine. The 1st respondent preferred appeal before the Additional District and Sessions Court-IV, Kollam (for short the appellate court) as Crl.A.No.24/2015. The appellate court as per the judgment dated 4.7.2017 set aside the conviction and sentence and the 1st respondent was acquitted. Later on, the 3rd respondent sent a letter to the Registrar (Subordinate Judiciary), High Court of Kerala alleging that Crl.A.No.24/2015 was disposed of by the appellate court without hearing him. Based on the said letter, this suo motu criminal revision case was registered. 3. I have heard Sri. M.P. Parasanth, the learned Prosecutor. Crl.R.C.No.12/2019 3 2025:KER:25841 4. Even though notice has been served to the 1st respondent, there is no appearance. Service to the 3rd respondent is not complete. Considering the nature of the order being passed, notice to the 3rd respondent is dispensed with. 5. A report furnished by the appellate court shows that, in fact, no notice was served to the 3rd respondent in that appeal and he was not heard before passing an order against him. Since the judgment in appeal was pronounced and the accused was acquitted without hearing the complainant/3rd respondent, I am of the view that the judgment passed by the appellate court in Crl.A.No.24/2015 cannot be sustained. Accordingly, it is set aside. Crl.A.No.24/2015 is remanded to the appellate court for fresh hearing and disposal, after issuing fresh notice to the parties. Till the appeal is disposed of, the execution of sentence shall stand suspended. Crl.R.C is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp Crl.R.C.No.12/2019 4 2025:KER:25841 APPENDIX OF CRL.RC 12/2019 PETITIONER ANNEXURES ANNEXURE I LETTER FROM SRI.SATHEESH PRABHU REGARDING THE DISPOSAL OF CRIMINAL APPEAL NO.24/2015 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-IV, KOLLAM WITHOUT GIVING NOTICE TO THE 2ND RESPONDENT. ANNEXURE II TRUE COPIES OF JUDGMENT AND PROCEEDINGS INCRL.APPEAL NO.24/2015 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-IV, KOLLAM SUBMITTED BY THE DISTRICT JUDGE, KOLLAM. ANNEXURE III REPORT FROM THE DISTRICT JUDGE, KOLLAM ALONG WITH REMARKS OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE-IV, KOLLAM.