IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 CRL.A.No. 2456 of 2006() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.665/2006 CC.2078/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI ............................................................. APPELLANT(S): COMPLAINANT. -------------------------------------------- SIBI CHAVARA, PROPRIETOR, MEDIA EXPRESSION ADVERTISING AND MARKETING, 3RD FLOOR, NORTH PLAZA, NORTH RAILWAY STATION ROAD, ERNAKULAM, COCHIN-682 018. BY ADV. SRI.C.V.BIMAL ROY RESPONDENT(S): ACCUSED & STATE. ---------------------------------------------------- 1. MATHA PROTEIN (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR, DR.S.RADHAMOHANAN, EZHUKONE P.O., KOLLAM, KERALA, PIN- 691 505. 2. DR.S.RADHAMOHANAN, MANAGING DIRECTOR, MATHA PROTEIN (P) LTD., EZHUKONE P.O., KOLLAM, KERALA, PIN- 691 505. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009. THE COURT ON 18/06/2009 DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- CRL.A.No.2456 OF 2006 -------------------------- Dated this the 18th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ This is an appeal preferred against the order of acquittal in C.C.No.2078/2003 of the Judicial First Class Magistrate Court– I, Kochi. It was a case initiated u/s.138 of Negotiable Instruments Act and the accused was acquitted on account of the absence of the complainant. On perusal of the memorandum of appeal, it would reveal that on that particular date, the counsel was proceeding from Ernakulam to Kochi, but on account of the traffic block he could not reach the court in time, which resulted in the acquittal of the accused. Reasonable explanation is tendered for the absence. I am inclined to grant an opportunity. Therefore the appeal is allowed and the order of acquittal passed u/s.256(1) Cr.P.C. is set aside. The court below is directed to restore the case back to file and dispose of the matter in accordance with law after affording an opportunity to both sides. The complainant is CRL.A.No.2456 OF 2006 2 directed to appear before the court on 5.8.2009 and thereafter take out summons to the accused. M.N.KRISHNAN, JUDGE ami.