IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 CRL.A.No. 288 of 2005(B) ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.92/2005 Dated 01/02/2005 ST.3671/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... APPELLANT(S): COMPLAINANTS: --------------------------- GOLDWIN CHITS & HIRE PRUCHASE (P) LTD., RICE BAZAR, THRISSUR, REP. BY ITS DIRECTOR MATHEW JOHN, S/O. EDAKALATHUR LONAPPAN, PURANATTUKARA VILLAGE, THRISSUR TALUK. BY ADV. MR.K.N.PADMAKUMAR RESPONDENT(S): ACCUSED: ----------------------- 1. P.P. REETHA, W/O. SIVAN, PALOKKAD HOUSE, VELUTHUR VILLAGE, THRISSUR TALUK. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.T.RAJESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. --------------------------- CRL.A.NO.288 OF 2005 ------------------------------ Dated this the 28 th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in a 138 N.I. Act case. The accused was acquitted for the delay on the part of the complainant in taking steps within the stipulated time fixed by the court. A perusal of the order would reveal that there had been proper representation but there was a small delay which did not result in miscarriage of justice. Therefore, the order of acquittal passed under Section 256 (1) Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to both sides. The parties are directed to appear before the court below on 14.09.2009. In case the accused does not appear on that day, the complainant has to take steps to complete the service. M.N. KRISHNAN, JUDGE cl 2