IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 CRL.A.No. 599 of 2007() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.131/2007 Dated 27/02/2007 ST.115/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, OTTAPPALAM .................... APPELLANT: COMPLAINANT ------------------------------------------ SIBI SIMON, S/O SIMON, AGED 32 YEARS, CHEERANS HOUSE, PATTAMBI. BY ADV. SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS: STATE & ACCUSED --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAMANI V.P., AGED 34 YEARS, W/O V.P.GANGADHARAN, KALLITHODI HOUSE, VADAKKUMMURI, PATTAMBI. R1 BY PUBLIC PROSECUTOR SRI. C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 599 OF 2007 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Judicial First Class Magistrate, Ottappalam in STC 116/06. The accused was acquitted u/s 256(1) Cr.P.C. on account of the absence of the complainant. It is averred that the complainant was held up in a traffic block and his counsel was unable to represent as he was engaged in another Court. There was no deliberate intention to stay away from the Court. Taking into consideration these facts which are acceptable I am inclined to grant an opportunity. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside. The learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording opportunity to both the sides to adduce evidence in support of their respective contentions. Parties are directed to appear before Crl.A.599/07 -:2:- the court below on 15.7.2009. In case the accused does not appear the complainant is directed to take out notice to the accused. M.N. KRISHNAN, JUDGE. Ul/-