IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 CRL.A.No. 449 of 2009() --------------------------------- ST.411/2008 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT/COMPLAINANT --------------------------------------- SREE GOKULAM CHITS AND FINANCE CO. PVT. LTD. HAVING ITS REG OFFICE AT 28 MUTHUGRAMNI STREET MYLAPORE, CHENNAI, HAVING BRANCH AND COLLECTION CENTRE AT SENTINEL BUILDING, PATTOOR,VANCHIYOOR PO. THIRUVANANTHAPURAM REP BY ITS MANAGING DIRECTOR THROUGH HIS POWER OF ATTORNEY HOLDER ANAND, ASST. LEGAL OFFICER, SREE GOKULAM CHIT AND FINANCE COMPANY PVT. LTD. BY ADV. SMT.A.SALINI LAL RESPONDENTS/ACCUSED: -------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SAJEEV. S, S/O. SATHYANESAN SONA EARTH MOVERS, VILAYIL VEEDU KIZHAKKUMKARA, KULATHOOR PO, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO. 449 OF 2009 = = = = = = = = = = = = = = = Dated this the 21st day of August, 2009. J U D G M E N T This is an appeal preferred against the order of the Chief Judicial Magistrate, Thiruvananthapuram in S.T.411/08. The case arise out of an action u/s 138 of Negotiable Instruments Act and as the complainant was absent the accused was acquitted u/s 256(1) Cr.P.C. The learned counsel for the appellant would submit that there was no deliberate avoidance of the court by the complainant. Accused was also absent on the same day. The court should have taken little more liberal approach and should have given an opportunity to the complainant to put forth his contentions. There is no gross negligence or grave mis-conduct and so an opportunity has to be given. Therefore the Crl.Appeal is allowed and the order of acquittal passed u/s 256(1) of Cr.P.C. is set aside. The learned Chief Judicial Magistrate is directed to restore the case back to file and proceed in accordance with law after giving a reasonable opportunity to both the sides. The complainant is Crl.A. 449 OF 2009 -2- directed to appear before the Court below on 6.10.09. Thereafter he shall take out fresh summons to the accused for his appearance. M.N. KRISHNAN, JUDGE. ul/-