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. 808 of 2007() -------------------------------- CC.1195/2004 of JUDL. MAGISTRATE OF FIRST CLASS-II, KOTTAYAM .................... APPELLANT/COMPLAINANT: ----------------------------------------- JIBU M.K., KANIAMKULAM HOUSE, MANGANAM P.O., VIJAYAPURAM VILLAGE, KOTTAYAM. BY ADV. MR.JOSEKUTTY MATHEW RESPONDENTS/ACCUSED & STATE: --------------------------------------------------- 1. THOMAS MATHEW, MANALEL HOUSE, ETTUMANOOR P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 808 OF 2007 = = = = = = = = = = = = = = = 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 Judl. First Class, Magistrate-II, Kottayam in C.C.1195/04. It was a 138 of Negotiable Instruments Act case which ended in acquittal on account of the absence of the complainant. It is submitted by the learned counsel for the complainant that on account of a wrong noting of the case in the case bundle complainant was absent and there was no negligence or evasion of presence from the court. Considering the circumstances, I am inclined to grant an opportunity. 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/-