IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 CRL.A.No. 1979 of 2008() ---------------------------------- CC.874/2004 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... APPELLANT/COMPLAINANT ---------------------------------------- MUTHOOT LEASING AND FINANCE LTD, MUTHOOT CHAMBERS, OPPOSITE SARITA THEATRE BANJERI ROAD, ERNAKULAM -18, REP. BY IT'S OFFICE ASSISTANT AND POWER OF ATTORNEY HOLDER SRI.P.MATHAI, M/S. MUTHOOT LEASING AND FINANCE LTD. KK ROAD, KOTTAYAM. BY ADV. MR.ABRAHAM MATHEW (VETTOOR) RESPONDENT/ACCUSED & STATE OF KERALA --------------------------------------------------------------------- 1. JOSE CHERIAN, KARIMPANNOOR HOUSE, PANNIVIZHA, ADOOR P.O. 2. STATE OF KERALA, 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 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1979 OF 2008 ------------------------------ Dated this the 16th day of June, 2009 JUDGMENT This appeal is preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in C.C.No.874/2004 of JFCM III, Kottayam. It is submitted that there was no deliberate avoidance of the court and therefore prays for leniency. 2. After going through the Memorandum of Appeal, I feel that an opportunity can be given. Therefore, the order of acquittal under Section 256(1) of the Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file. He shall permit both the complainant and the accused to produce documentary evidence and adduce oral evidence in respect of their respective contentions. The complainant shall appear before the court below on 29.7.2009 and thereafter has to take out notice to the accused in the case. The Criminal appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE cl 2 3