IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 CRL.A.No. 2134 of 2007() ------------------------ AGAINST THE ORDER IN CRLP.537/2007 Dated 03/08/2007 CC.1886/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... APPELLANT: COMPLAINANT ---------------------- SHAIJU V.P., C.C. 14/510, CHULLICKAL, KOCHI - 5, POWER OF ATTORNEY HOLDER OF AUGESTUS CYRIL, PANAYAPPALLY, KOCHI-2. BY ADV. SRI.S.RAJKUMAR RESPONDENTS: ACCUSED -------------------- 1. U.A.REHAMUNISA, C.C.VII/395, D.S.ROAD, KOCHI-2. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.2134/2007 -------------------- Dated this the 28th day of August, 2008 JUDGMENT The complainant in C.C.No.1886/2004 on the files of the judicial First Class Magistrate Court-II, Kochi, is the appellant herein. The calender case arises out of a complaint alleging an offence punishable under Section 138 of the Negotiable Instruments Act. On 11.5.2007, when the case was posted the complainant was absent, as he was out of station. It is stated that the counsel was unable to reach the Court in time due to traffic jam. Therefore, when the case was called, there was neither the complainant nor a representation. The accused was therefore, acquitted under Section 256(1) of Cr.P.C. Same is under challenge in the appeal. 2. I heard learned counsel for the appellant and learned counsel for the accused. Having regard to the explanation now offered and having regard to the facts and circumstances of the case, I think it is appropriate that the complainant be given another chance to prosecute the complaint. Crl.A.2134/2007 2 3. Accordingly, the appeal is allowed. Order of acquittal is set aside and the complaint is restored to file. The Court below shall further proceed with C.C.No.1886/2004 in accordance with law. Parties shall appear before the Court below on 24.11.2008. V.GIRI, Judge mrcs