IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 CRL.A.No. 1543 of 2003() ---------------------------------- CC.173/2002 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... APPELLANT/COMPLAINANT ---------------------------------------- *1.SURESH KUMAR.K.K., KOTTARATHIL HOUSE, (KRISHNA SAW MILLS, KUDAYATHOOR),KUDAYATHOOR P.O. THODUPUZHA. (* DIED) *ADDL. A2 IMPLEADED ADDL. A2: OMANAMMA, WIDOW OF LATE KRISHNA PILLAI, (KRISHNA SAW MILL), NOW RESIDING AT KOCHUVANIYAPURAYIL HOUSE, KUDAYATHOOR P.O., THODUPUZHA. * ADDL. A2 IS IMPLEADED AS PER ORDER DATED 01/07/2009 IN CRL. MA. NO.5607/2009. BY ADV. MR.K.K.CHANDRAN PILLAI RESPONDENTS/ACCUSED AND STATE ------------------------------------------------------ 1. T.L. SUKUMARAN, THOTTATHIL HOUSE, PANNIMATTOM P.O., THODUPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. MR.K.R.SACHIDANANTHAN, MR.RENJITH B.MARAR, MR.K.K.CHANDRAN PILLAI. R2 BY PUBLIC PROSECUTOR MR.THOMAS JOHN AMBOOKEN. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.L.P. NO. 1543 OF 2003 = = = = = = = = = = = = = = = Dated this the 1st day of July, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed u/s 256(1) in a case initiated u/s 138 of the Negotiable Instruments Act. As the complainant was absent and there was no representation it had ended in acquittal. The reason stated is that there was a reference to the Adalath for settlement and thereafter the complainant's advocate clerk omitted to take the correct date. There is no gross negligence or callous misconduct and so interest of justice requires an opportunity to be given. Therefore the Crl.Appeal is allowed and the order of acquittal passed 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 giving reasonable opportunity to both the sides. The impleaded legal representatives of the complainant is directed Crl.A. 1543 OF 2003 -2- to appear before the Court below on 12.8.2009 and then take out fresh summons to the accused for further proceeding in the matter. M.N. KRISHNAN, JUDGE. ul/-