IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 CRL.A.No. 2235 of 2006() ----------------------------------- CC.995/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... APPELLANT/COMPLAINANT ---------------------------------------- K.R. PRASEEDAN, S/O.RAMADASAN, KAIDAKYAPUZHA HOUSE, URAKAM VILLAGE, PANNAMKULAM DESOM, THRISSUR TALUK. BY ADV. MR.M.B.PRAJITH RESPONDENTS/ACCUSED ------------------------------------- 1. SUDHEESH. K.D., S/O.DIVAKARAN, KARANAYIL HOUSE, ETTUMUNA P.O., KARUVANNUR, URAKAM, THRISSUR. 2. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2235 OF 2006 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed u/s 256(1) Cr.P.C. in a 138 case. The case of the complainant is that towards the discharge of a liability of Rs.1,10,000/- a cheque was issued which when presented for encashment was dishonoured. The complainant did not appear before the Court on two occasions and therefore the Court acquitted the accused u/s 256(1) Cr.P.C. Notice is served but the respondent is not represented by any lawyer. It is submitted that it was not on account of any deliberate act or intention that the complainant did not appear before the Court and therefore some indulgence should be shown. I am inclined to show some leniency and give a chance. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside. The learned Magistrate is directed to restore the case back to file and proceed in accordance with law. Complainant is directed Crl. Appeal NO. 2235 OF 2006 -:2:- to appear before the court below on 14.7.2009 for further directions and thereafter take out notice to the accused. M.N. KRISHNAN, JUDGE. ul/-