IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 CRL.A.No. 2664 of 2008() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.908/2008 DATED 13/11/2008 ST.1067/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... APPELLANT/COMPLAINANT: ----------------------------------------- MOHAN. S/O.KANDASWAMI CHETTIAR, KOLLANCHIRA, PERUVEMBU. PALAKKAD. BY ADV. MR.RAJESH S.KUTTY RESPONDENTS/ACCSED AND STATE: ------------------------------------------------------ 1. KUNJUKUTTAN. S/O.RAVUNNI NAIR, LEENA TAILORING, KALLEKULANGARA, PALAKKAD. 2. STTE OF KERLA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA R1 BY ADV. MR.NIREESH MATHEW THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. --------------------------- CRL.A.NO.2664 OF 2008 ------------------------------ Dated this the 9th day of June, 2009 JUDGMENT This is an appeal preferred against the order of acquittal under Section 256(1) of Cr.P.C in a case initiated under Section 138 of the N.I.Act. The case ended in acquittal for the absence of the complainant. It is submitted that deliberate act was not there in evading the presence from the court. I do not find any grave negligence or misconduct in the case. It is desirable that an opportunity is being given. Therefore, I set aside the order of acquittal and direct the court below to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to the complainant as well as the accused. If the accused does not enter appearance, summons be issued at the expense of the complainant for further compliance. Criminal appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE cl 2 3