IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 CRL.A.No. 1727 of 2009() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.713/2009 ST.923/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER (S): COMPLAINANT ----------------------- RAVI SANKAR, S/O.SREEDHARAN, TRANSWORLD SCALES AND SERVICES, BEACH ROAD, KOLLAM BY ADV. MR.B.MOHANLAL RESPONDENT(S):ACCUSED & STATE ------------------------- 1. SUNI MANOHARAN, NATIONAL DIGI SYSTEMS, KALLARKUTTY ROAD, ADIMALI, IDUKKI. 2. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1727 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of August, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Chief Judicial Magistrate, Kollam in S.T.923/08. It was a 138 of Negotiable Instruments Act case which ended in acquittal on account of the absence of the complainant. It is submitted by the learned counsel for the appellant that the accused has never entered appearance before Court. When it is so there is no point in issuing notice to him in the present appeal as well. From the representations made by the learned counsel it can be seen that there has been no gross negligence or grave misconduct on the part of the complainant and therefore an opportunity has to be given. Therefore the order of acquittal passed u/s 256(1) Cr.P.C. is set aside. The learned Chief Judicial Magistrate is directed to restore the case back to file and proceed in accordance with law. The complainant is directed to appear before the Court below on Crl.A. 1727 OF 2009 -2- 5.10.09. Thereafter he shall take out summons to the accused. The Crl.Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-