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. 1624 of 2008() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.825/2008 Dated 27/07/2008 CC.1266/2001 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... APPELLANT(S): COMPLAINANT ------------------------- ROY K. GEORGE, S/O. K.V. GEORGE, RESIDING AT 27/1388 E, PARK LAND APARTMENT, ELAMKULAM ROAD, KOCHI. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): STATE AND ACCUSED -------------------------------- 1. T.V. THOMAS, DIRECTOR, GROUPS BUSINESS CENTRE, 4TH FLOOR, GCDA SHOPPING COMPLEX, MARINE DRIVE, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.BIJU M.JOHN FOR R1 BY PUBLIC PROSECUTOR SMT. M.K PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VDV M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1624 OF 2008 = = = = = = = = = = = = = = = 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 by the Judicial First Class Magistrate-II, Kochi in C.C 1266/01. The case was posted on 10.2.2004 and on that date an application was made by the counsel for the complainant to excuse the absence. But the Court held that the complainant was regularly becoming absent and therefore did not adjourn the case and acquitted the accused u/s 256(1) Cr.P.C. The conduct of the counsel itself would reveal that he had acted promptly to get an adjournment of the case. There has not been any deliberate negligence or mis-conduct. Therefore I am inclined to grant an opportunity. 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 after affording opportunity to both the sides to adduce evidence in support of their Crl. Appeal NO. 1624 OF 2008 -:2:- respective contentions. Parties are directed to appear before the court below on 17.7.2009. In case the accused does not appear, the complainant has to take steps to get his presence before the Court. M.N. KRISHNAN, JUDGE. ul/-