IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 CRL.A.No. 1323 of 2009() -------------------------------------- CC.176/2005 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... APPELLANT(S): COMPLAINANT ------------------------ T.C JOSE, S/O. LATE T.O CHACKO, THEKKUMTHARA, CHEMMANTHOOR, PUNALUR VILLAGE, PUNALUR. BY ADV. MR.MANOJ RAMASWAMY RESPONDENT(S): RESPONDENTS -------------------------- 1. NOUFI @ SOUFI, W/O. MOHAMMED KUNJU, PUTHEN BUNGLOW, T.B.JUNCTION, PUNALUR. 2. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY ADVS.MR.M.RAJAGOPALAN NAIR FOR R1 MR.G.BIJU FOR R1 BY PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1323 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of July, 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 of Negotiable Instruments Act case. The Court below acquitted the accused on the ground that the accused did not appear before the court. It is submitted that there was no gross negligence or grave misconduct on the part of the complainant in prosecuting the matter. I feel an opportunity has to be given. 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 respective contentions. Parties are directed to appear before the court below on 24.8.2009. M.N. KRISHNAN, JUDGE. ul/-