IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 CRL.A.No. 1434 of 2009() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.564/2009 CC.11/2008 of JUDL. FIRST CLASS MAGISTRATE III, KOTTARAKKARA .................... PETITIONER (S)/COMPLAINANT --------------------------- SREE GOKULAM CHITS & FINANCE CO. PVT. LTD., ALPHONSA COMMERCIAL COMPLEX, MARKET JUNCTION, KOTTARAKKARA, REPRESENTED BY IT'S LEGAL CLERK, S.PRADEEP, S/O. SREEDHARAN, MOOLATHARA THOPPIL, KANTRAMKANI, MUNDRO ISLAND P.O., KOLLAM. BY ADVS.MR.K.S.BABU SMT.N.SUDHA RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. RAVEENDRAN PILLAI B., GOKULAM, KURA P.O., THALAVOOR, KOTTARAKKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.N.SASIDHARAN UNNITHAN FOR R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.A. NO. 1434 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd 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) Cr.P.C. in a case initiated u/s 138 of the Negotiable Instruments Act in C.C.11/08 of Judicial First Class Magistrate-III, Kottarakkara. Accused was acquitted u/s 256 (1) Cr.P.C. for absence and non production of original of the cheque. Though the complainant was present as he did not file the chief affidavit and did not produce the original cheque it has resulted in acquittal. Even if all those things were there the Court could not have proceeded with the case for the reason the accused was absent on that day. Therefore I feel in the interest of justice an opportunity has to be given. So the Crl.Appeal is allowed and the order of acquittal passed 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 giving a reasonable opportunity to Crl.Appeal 1434 of 2009 -:2:- both the sides to adduce both documentary as well as oral evidence in support of their respective contentions. The parties are directed to appear before the Court below on 8.9.09. M.N. KRISHNAN, JUDGE. ul/-