IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 CRL.A.No. 1282 of 2007() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.380/2007 Dated 18/06/2007 CC.518/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM ................................................................................... APPELLANT(S): PETITIONER ----------------------------------------- CAPITAL CREDIT SYNDICATE, PONOTH ROAD, DESHABHIMANI JUNCTION, KALOOR, KOCHI REP. BY ITS MANAGER, MANOJ KUMAR, MANJU NIVAS, CHELAD P.O. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREEDETH P.G., ASWATHY HOUSE, VALLIKODE P.O., PATHANAMTHITTA DISTRICT. BY ADVS.SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR FOR R1 SRI.T.H.ABDUL AZEEZ FOR R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009. THE COURT ON 18/06/2009 DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- CRL.A.No.1282 OF 2007 -------------------------- Dated this the 18th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ This is an appeal preferred against the order of acquittal in C.C.518/06 of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam. The complaint u/s.138 of Negotiable Instruments Act ended in the acquittal of the accused for the absence of the complainant. It is seen from the memorandum of appeal that the case was originally filed before the Judicial First Class Magistrate, Ernakulam, which was later made over to Additional Chief Judicial Magistrate and the complainant and the accused entered appearance. Thereafter, on 14.11.2006, the court adjourned the case to 22.2.2007. It is submitted that by an inadvertant mistake the clerk of the counsel, took the date as 22.3.2007, which made them incapable of appearance from the court on 22.2.2007. Considering the factual circumstances, I find that there is no gross negligence or grave misconduct and it is desirable to give CRL.A.No.1282 OF 2007 2 an opportunity. Therefore, the order of acquittal u/s.256(1) Cr.P.C. is set aside and the learned Additional Chief Judicial Magistrate, is directed to restore the case back to file. He shall give equal opportunity to the complainant as well as the accused to adduce evidence in support of their respective contentions. The complainant shall appear before the trial court on 5.8.2009 and after the said appearance take out notice to the accused for further proceedings. M.N.KRISHNAN, JUDGE ami.