IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 CRL.A.No. 408 of 2005(A) ------------------------------------ (CC.NO.985/2004 OF ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM) .................... APPELLANT/ COMPLAINANT: ------------------------------------------ M/S.BENHUR TRADES AND INVESTMENTS PVT. LTD., MAS BUILDING, ERNAKULAM, KOCHI 682 018, REPRESENTED BY K.B.PRAKASH KUMAR, S/O.BHASKARAN NAIR, AGED 33, RESIDING AT PADINJARE AMBATT, EDAPPALLY NORTH, KOCHI-24. BY ADV. MR.S.RAJEEV. RESPONDENTS/ ACCUSED: ---------------------------------------- 1. MRS.LATHA MATHEW, CHENNOTH HOUSE, OPP. TELEPHONE EXCHANGE, PALARIVATTAM, COCHIN -682 025. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.408 OF 2005 ------------------------------ Dated this the 15th day of June, 2009 JUDGMENT Admitted. This appeal is preferred against the order of acquittal passed under Section 256(1) of Cr.P.C in a 138 N.I.Act case. It was done on account of the absence of the complainant and failure of proper representation. The learned counsel submits before me that the accused had not entered appearance before the court and it was at the stage before the appearance, the case had ended in acquittal. Therefore, I feel that no notice need be issued to the respondent at this stage. It is submitted that there was a transfer of case from one court to another without giving notice and that was resulted in the non-appearance. Considering the circumstances, I am inclined to grant an opportunity. Therefore, the order of acquittal passed under Section 256(1) Cr.P.C is set aside. The learned Magistrate is directed to restore the case back to file. The complainant is directed to appear before the court below 2 CRL.A.NO.408/05 on 29.7.2009 and thereafter take out notice to the accused. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.408/05