IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 CRL.A.No. 1583 of 2003() ---------------------------------- CC.709/2001 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... APPELLANT/COMPLAINANT ---------------------------------------- CHINDAMANI OFFSET PRINTERS, REPRESENTED BY ITS PROPRIETOR, SIDHARTHAN S/O. CHANDRA BHANU PALLATH HOUSE, THRISSUR. BY ADV. MR.P.NARAYANAN KUTTY MR.KRISHNA PRASAD. S RESPONDENTS/ACCUSED AND STATE -------------------------------------------------------- 1. R.K. VISWAKARMESWARA MUNI, JYOTHISHA VIDYA PEEDOM DIRECTOR, KOHINOOR COMPLEX, MANASHAKTHI CORNER, POST OFFICE ROAD, THRISSUR 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1583 OF 2003 = = = = = = = = = = = = = = = Dated this the 5th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal in C.C.709/01 of the Judicial First Class Magistrate-III, Thrissur. It was an action u/s 138 of the N.I.Act. It has ended in acquittal u/s 256(1) Cr.P.C. on account of the absence of the complainant. 2. Heard the learned counsel for the complainant. It is submitted that the complainant was regularly appearing before the Court and he had also made an application on the eventful day. There was no representation which has resulted in the disposal of the case. It is submitted that there was no deliberate evasion of presence before Court. Taking into consideration the nature of materials I am inclined to grant an opportunity. Therefore the order of acquittal u/s 256(1) 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. M.N. KRISHNAN, JUDGE. ul/-