IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 CRL.A.No. 1300 of 2009() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.1459/2008 CC.587/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... APPELLANT(S): PETITIONER/ COMPLAINANT ---------------------------------------------------------------- V.SANKARA NARAYANAN, DURGA NIVAS, PAVANKULANGARA LANE, KANNANKULANGARA, THRIPUNITHURA, ERNAKULAM. BY ADVS. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN IYER SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): ACCUSED & STATE ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.PHARAOH SOLUTIONS PVT.LTD, II 138, SPRINT, TECHNO PARK, THAIKKATTUKARA.P.O, MUTTAM, ALUVA, KOCHI. BY ADV.SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- CRL.A.No.1300 OF 2009 -------------------------- Dated this the 6th day of July, 2009 J U D G M E N T ~~~~~~~~~~~ This is an appeal preferred against the order of acquittal passed u/s.256(1) of Cr.P.C. whereby the accused has been acquitted u/s.256(1) of Cr.P.C. for non remittance of process fee. A perusal of the order sheet would reveal that, the complainant was taking steps but unfortunately, the accused's presence could not be procured and ultimately it ended steps u/s.82 and 83 of Cr.P.C. But on the last occasion, when the matter was posted, the process fee was not paid and that resulted in the acquittal of the accused. A perusal of the proceedings would reveal that, there was no contumacious conduct on the part of the complainant and he was eager enough to proceed with the matter as it is his private complaint. Unfortunately, the presence of accused could not be procured due to various reasons. So I do not find any gross negligence or grave misconduct to deny a total opportunity to the CRL.A.No.1300 OF 2009 2 complainant. Therefore the order of acquittal passed 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 dispose of the matter in accordance with law. The complainant is directed to appear before the court on 21.8.2009 and thereafter take further steps to procure the presence of the accused. M.N.KRISHNAN, JUDGE ami.