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. 1924 of 2008() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.785/2008 Dated 29/08/2008 CC.164/2000 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... APPELLANT(S): COMPLAINANT: ------------------------------------------------- K.J.SEBASTIAN JAYASEELAN, KURISINKAL HOUSE, KALATHAIPARAMBIL ROAD, VADUTHALA P.O. BY ADV. MR.T.K.AJITHKUMAR (VALATH) RESPONDENT(S): ACCUSED AND THE 2ND RESPONDENT: --------------------------------------------------------------------------------------- 1. VITAL DAS P.O., PUTHIYADU HOUSE, NEAR GANAPATHI TEMPLE, VADUTHALA P.O., KOCHI-23. 2. STATE OF KERALA REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. R1 BY ADV. MR.K.V.SABU R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1924 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 Judicial First Class Magistrate-II, Ernakulam in C.C.164/00. I had perused the order as well as the proceedings paper. The learned counsel for the appellant would submit that on 26.4.03 the case was not called and subsequently also the complainant was not aware of the postings. But a perusal of the proceedings paper would reveal that it is recorded as he is absent. Whatever it may be, it is seen that the complainant is eager to prosecute the proceedings and therefore I do not want to deprive him of the opportunity to do so. Therefore the order of acquittal u/s 256 (1) Cr.P.C. is set aside with an earnest hope that the complainant will co-operate with the Court for a trial. The learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after Crl.A. 1924 OF 2008 -2- 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 present before Court on 24.7.2009 and if the accused is not present on that day he has to take steps to send summons to the accused. M.N. KRISHNAN, JUDGE. ul/- Crl.A. 1924 OF 2008 -3- M.N. KRISHNAN, J. = = = = = = = = = = Crl.A. No. 883 OF 2003 = = = = = = = = = = = J U D G M E N T 5th June, 2009