IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 CRL.A.No. 1267 of 2007() ----------------------------------- ST.473/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MAVELIKKARA .................... APPELLANT/COMPLAINANT ---------------------------------------- SAMUEL THOMAS, KOONAMKULANGARA GENESIS, PATHIYOOR VILLAGE, KAYAMKULAM. BY ADV. MR.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MR.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS/STATE AND ACCUSED ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHAMSUDEEN, MANDATHERIL SAJEEL MANZIL, VERUVALLY BHAGAM, KEERIKKADU VILLAGE. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA R2 BY ADV. MR.RASHEED C.NOORANAD THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1267 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal in S.T.473/06 of the Judl. First Class, Magistrate, Mavelikkara in a 138 N.I. Act case which ended in acquittal on account of the absence of the complainant. I am not really very happy with the grounds alleged in the petition but it is seen stated that on account of some personal inconveniences of the complainant and due to some unforeseen reason the counsel also were not able to present before the Court. The Court below has waited for some time before acquitting the accused. It is desirable that interest of justice requires an opportunity to be given to prosecute the case on merits. Considering the circumstances, I am inclined to grant an opportunity. Therefore the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside and the learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording equal opportunities to both the sides to CRL.A.1267/07 -:2:- produce documentary as well as oral evidence in support of their respective contentions. The complainant is directed to appear before the court below on 28.7.2009 and on his appearance, shall take out summons to the accused. M.N. KRISHNAN, JUDGE. ul/-