IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 CRL.A.No. 2381 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.651/2007 ST.351/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... APPELLANT/ COMPLAINANT: -------------------------- SUNNY GEORGE, VALLAVEETTIL HOUSE, VILLOONNI P.O., KOTTAYAM-8. BY ADV. SRI.VIJU ABRAHAM RESPONDENTS/ ACCUSED AND STATE: --------------------------------- 1. R.BALAKRISHNAN, SAKETHA, THIRUNAKKARA NORTH P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI. JACOB GEORGE (PATHAZHAKKUZHIKAL) SRI.JOSEPH A.VADAKKEL SRI.GEORGE KARITHANAM VARGHESE SRI.V.J.JOHN R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2381 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal u/s 256(1) Cr.P.C. in a 138 N.I. Act case. It is submitted that there was no deliberate or willful act n the part of the complainant to be away from the court. It is submitted that the non appearance occasioned on account of the wrong noting of the date by the Advocate clerk. Considering the representation as wells the fact that there is no gross negligence or grave mis-conduct, I am inclined to grant an opportunity. Therefore the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside and the learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording equal opportunities to both the sides to produce documentary as well as oral evidence in support of their respective contentions. The parties are directed to appear before the court below on 27.7.2009. M.N. KRISHNAN, JUDGE. ul/-