IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 CRL.A.No. 1482 of 2003 --------------------------------- (CC.NO.1242/2001 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY) .................... APPELLANT/ COMPLAINANT: ------------------------------------------ M/S. ADITHYA GARMENTS ASTAMICHIRA P.O., REPRESENTED BY THE MANAGING PARTNER C.P.UDAYAN, AGED 32, S/O PARAMESWARAN, CHETTIPARAMBIL HOUSE, ALATHUR VILLAGE DESOM. BY ADVS. MR.T.N.MANOJ, MR.DINESH R.SHENOY. RESPONDENTS/ ACCUSED: ---------------------------------------- 1. ANAS, KOOTTALA HOUSE, IRUMPUPALAM, VALARA P.O., IDUKKI DISTRICT, PROPRIETOR, THREE STAR HANDLOOM CENTRE, CITY BAZAR SHOPPING COMPLEX, NEAR PRIVATE BUS STAND, ADIMALI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1482 OF 2003 ------------------------------ Dated this the 15th day of June, 2009 JUDGMENT This is an appeal preferred against the acquittal under Section 256(1) of the Cr.P.C in a 138 N.I.Act case in C.C.No.1242/2001 of JFCM, Chalakkudy. It is finally posted for taking steps today. But the learned counsel submits before me that the accused had not entered appearance in the trial court also and therefore that can be done, if the appeal is allowed. There is considerable force in the said contention. It is submitted that there was no deliberate act in not taking steps. So, the appeal is allowed and the order of acquittal under Section 256(1) Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file. The complainant is directed to appear before the court below on 29.7.2009 and thereafter take out summons to the accused for appearance. M.N. KRISHNAN, JUDGE cl 2 3