IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 CRL.A.No. 2747 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.1746/2008 Dated 19/11/2008 CC.610/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... APPELLANT(S): COMPLAINANT ----------------------- SREEHESH B., S/O.T.K.BALARAMAN PILLAI, SREEPARVATHY VEEDU, KALLISSERI POST, THIRUVANDOOR VILLAGE, CHENGANNUR TALUK. BY ADVS.MR.BRIJESH MOHAN MR.B.RAJESH(TRIVANDRUM) RESPONDENT(S): ACCUSED - STATE -------------------------- 1. SURESHKUMAR (RENUKA BHAVAN), VYKUNDATHIL, THIRUVANVANDUR POST, THIRUVANVANDUR MURI, CHENGANNUR TALUK. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.2747 OF 2008 ------------------------------ Dated this the 13th day of August, 2009 JUDGMENT This is an appeal preferred against the order of acquittal under Section 256 (1) of the Cr.P.C. As the complainant was not present, it ended in acquittal. The reason suggested is that the Advocate concerned was involved in an accident. There was no appearance for the accused for the reason that non bailable warrant has been issued against him. 2. Since a non bailable warrant was pending at the time of disposal of the case against the accused, I feel no notice need be sent in this appeal to the accused and therefore issuance of notice is dispensed with. 3. It is submitted by the learned counsel that the complainant is very much interested in prosecuting the matter and the cheque involved in the case is of Rs.90,000/= and there is no gross negligence or grave misconduct on the part of the complainant. I feel interest of justice requires an opportunity to be given. Therefore, the order of acquittal CRL.A.NO.2747 OF 2008 :2: passed under Section 256(1) is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law. The appellant is directed to appear before the court below on 29.9.2009 and thereafter take steps to get the presence of the accused for further proceedings in the case. M.N. KRISHNAN, JUDGE cl