IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 CRL.A.No. 2409 of 2007() ------------------------ AGAINST THE ORDER IN CRLP.1246/2007 Dated 07/12/2007 ST.146/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... APPELLANT: COMPLAINANT ---------------------- NARAYANAN K., S/O KANNAPPA MANNADIAR, SWAPNA READY MADES, COURT ROAD, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS: ACCUSED AND STATE ------------------------------ 1. RADHAMANI, W/O SIVASANKARAN, HOUSING COLONY, NEAR MILMA, KALLEPULLY, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI.U.BALAGANGADHARAN FOR R1 PP SRI.C.M.KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.2409/2007 -------------------- Dated this the 27th day of August, 2008 JUDGMENT The complainant in S.T.No.146/2007 on the files of the Judicial First Class Magistrate - II, Palakkad is the appellant herein. The prosecution case arose out of a complaint filed by the appellant herein against the first respondent alleging an offence punishable under Section 138 of the Negotiable Instruments Act. According to the complainant, the matter stood posted to 29.10.2007 for the evidence of the complainant. But due to traffic jam, the complainant and his counsel could reach the Court only by 12 noon. The Court below noted the absence of the complainant and the counsel and proceeded to acquit the accused under Section 256(1) of the Code of Criminal Procedure. 2. Having heard learned counsel for the appellant and having perused the order of the Court below, I am of the view that the complainant must be given another chance to prosecute the complaint. Accordingly, the appeal is Crl.A.2409/2007 2 allowed. The order of acquittal is set aside and the complaint is restored to the file. The Court below shall proceed with S.T.No.146/2007, in accordance with law. Party shall appear before the Court below on 13.10.2008. V.GIRI, Judge mrcs