IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 CRL.A.No. 1701 of 2009() ----------------------------------- CC.448/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... APPELLANT/COMPLAINANT: ---------------------------------------- M/S.PENINSULAR CAPITAL MARKET LTD., 3RD FLOOR, S.T. REDDIAR & SONS BUILDING, VEEKSHANAM ROAD, ERNAKULAM, COCHIN-682 035, REP. BY K.S. ABDUL KAREEM (LEGAL OFFICER). BY ADV. MR.P.SANJAY RESPONDENTS/ACCUSED & STATE: ---------------------------------------------------- 1. YASMEEN NOORUDIN NOORANI, D-401, SILVER JUBILEE CO-OPERATIVE SOCIETY, 1-8-188-190, PG ROAD, SECUNDERABAD-3, ANDHRA PRADESH. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1701 OF 2009 ------------------------------ Dated this the 17th day of August, 2009 JUDGMENT This appeal is preferred against the order of acquittal under Section 256(1) of the Cr.P.C in a 138 N.I.Act case. The learned counsel had taken me through the proceedings paper and it is pointed out that the matter had reached the stage of defence evidence and it was at that stage, the court had acquitted the accused under Section 256(1) of the Cr.P.C. I feel, an opportunity has to be given for a proper continuation of the matter and therefore, the order of acquittal passed under Section 256(1) of the 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 giving equal opportunities to both sides. Since the complainant is directed to appear before the court below on 5.10.2009, after appearance he is directed to take out summons to the accused for further continuation of the proceedings. M.N. KRISHNAN, JUDGE cl