IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 CRL.A.No. 1595 of 2009() ----------------------------------- ST.2225/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... APPELLANT/COMPLAINANT: ----------------------------------------- PRASAD, S/O.CHANDRAN, KALAPETTY, KOYALMANNAM, ALATHUR, PALAKKAD. BY ADV. MR.VINOD KUMAR.C RESPONDENT/ACCUSED: ------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VINAYAN K.R., JAYA NIVAS, MANAKKAL HOUSE, OPP. SIVA TEMPLE, PATHANKKAD, CHERTHALA, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO. 1595 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of August, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed u/s 256(1) in a case initiated u/s 138 of the Negotiable Instruments Act. The case ended in acquittal on account of the absence of the complainant when it was posted for evidence u/s 299 Cr.P.C. It has to be remembered that the accused had not entered appearance at all and is an absconding accused and really no purpose will be served by the presence of the complainant at various stages. Since the accused has not entered appearance there is no necessity to issue notice to the accused in the appeal as well. Therefore it is dispensed with. I do not find any reason to support the order of the Magistrate who had acquitted the accused when the complainant was not present for one or two days. In think an opportunity has to be given. Therefore the Crl.Appeal is allowed and the order of acquittal passed u/s 256(1) of Cr.P.C. is set aside. The learned Magistrate is directed to restore the Crl.A. 1595 OF 2009 -2- case back to file and proceed in accordance with law. The complainant is directed to appear before the Court below on 24.9.09 and after entering appearance he has to take further steps to get the accused served in the case. M.N. KRISHNAN, JUDGE. ul/-