IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 CRL.A.No. 2280 of 2006() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.419/2006 Dated 18/08/2006 ST.1124/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... APPELLANT(S): COMPLAINANT ---------------------- SUNNY ANTO C., S/O. ANTHONY, CHIRAKKEKKARAN, KOORKANCHERRY VILLAGE AND DESOM, THRISSUR. BY ADV. MR.P.V.CHANDRA MOHAN RESPONDENT(S): ACCUSED ----------------------- 1. S.REMADEVI, W/O. PARAMESWARA MENON, ELAYIDATH PALACE, M.L.A. ROAD, CHOTTANIKKARA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.2280 OF 2006 ------------------------------ Dated this the 20th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in a 138 N.I. Act case. The accused was acquitted on the ground that the complainant did not take out the warrant and handing over of it to the police for execution. The court found that there is deliberate delay on the part of the complainant in serving notice especially serving of warrant. In criminal cases, this type of matters are generally done by the police officials and a private party may not be blamed. There is already duty cast on the court to see whether the warrant is executed by the police. There is no deliberate or intentional act on the complainant not to effect the warrant. Since the accused did not appear before the court, there is no necessity to issue notice to him. Therefore, notice to him is dispensed with and I feel that an opportunity has to be given to the complainant to proceed further with the matter. Therefore, 2 CRL.A.NO.2280/06 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 complaint back to file and the complainant is directed to appear before the court below on 27.08. 2009 and thereafter co-operate with the court to send the summons or warrant as the case may be to the accused. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.2280/06 4 CRL.A.NO.2280/06