IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 CRL.A.No. 1073 of 2008() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.267/2008 Dated 09/04/2008 ST.1366/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, NEDUMANGAD .................... APPELLANT(S): COMPLAINANT ------------------------ K.RAJENDRAN NAIR, S/O. KRISHNAN NAIR, S.R. NIVAS, MANAMPOORAM, CHERIYAKONNY, CHERIYAKONNY PO., ARUVIKKARA VILLAGE. BY ADV. MR.R.S.KALKURA RESPONDENT(S): ACCUSED & STATE ----------------------------- 1. N.K.VIKRAMAN, STAFF, BANK OF BARODA, BRANCH OFFICE, BAKER JUNCTION, KOTTAYAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1073 OF 2008 ------------------------------ Dated this the 3rd day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in S.T.No.1366/2006 of the Judicial Magistrate of First Class-IV, Nedumangad. The matter was posted for issuance of notice to the accused in the case. On a perusal of the order as well as the Memorandum of Appeal, it can be seen that the complaint was dismissed because the complainant did not take steps to issue process to the accused. It was at a stage before the issuance of process, the complaint has been disposed of by acquitting the accused. I feel, an opportunity can be given to prosecute the case. Therefore, the order of acquittal passed under Section 256(1) of Cr.P.C 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 complainant is directed to appear before the court below on 20.8.2009 and then take further steps to serve the accused. M.N. KRISHNAN, JUDGE cl 2 3