IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 CRL.A.No. 688 of 2008() -------------------------------- ST.539/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... APPELLANT/COMPLAINANT: ---------------------------------------- K.K. SREEDHARAN, S/O.KALIYATHUKADU VEETTIL KOCHAPPU, PERAMBRA DESOM, KODAKARA VILLAGE MUKUNDAPURAM TALUK. BY ADV. MR.RAJESH CHAKYAT RESPONDENTS/ACCUSED & STATE: ----------------------------------------------------- 1. C.T. BALAKRISHNAN, S/O.CHILIELI PARAMBIL THACHU, MUTTIPPADOM DESOM, KODASSERI VILLAGE, MUKUNDAPURAM TALUK. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA R1 BY ADV. SMT.A.C.DEVY THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 688 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Addl. Munsiff-Magistrate, Irinjalakkuda in S.T.539/05. It was a 138 of Negotiable Instruments Act case which ended in acquittal on account of the absence of the complainant. The reason alleged in ground 'C' of memorandum of appeal is that he did not know about the transfer of the case to the Addl. Munsiff-Magistrate court and so it prevented him from appearing before the court. It appears to be a genuine reason and I do not find any negligence or mis-conduct on the part of the complainant. So it is desirable that an opportunity is given. Therefore the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside and the learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording equal opportunities to both the sides to produce documentary as well as oral evidence in support of their respective contentions. The complainant is directed to appear before the court below on 27.7.2009 and on his appearance, shall take out summons to the accused. M.N. KRISHNAN, JUDGE. ul/-