IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 CRL.A.No. 1707 of 2009() --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.701/2009 Dated 17/08/2009 CC.788/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... APPELLANT(S): PETITIONER/COMPLAINANT --------------------------- ANJALI TRADERS, F 110-111, PIONEER TOWERS, MARINE DRIVE, KOCHI HAVING HEAD OFFICE AT M.C.ROAD, MANIPPUZHA, NATTAKOM P.O., KOTTAYAM REPRESENTED BY KOMALAM SREEKUMAR. BY ADVS. MRI.GEO PAUL MR.SANU MATHEW MR.C.R.PRAMOD MR.M.B.SANDEEP MR.K.V.REJANISH RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. MR.ABDUL RASHEED, AGED NOT KNOWN, PROPRIETOR, A.K.SANITARIES AND HARDWARES, OPP.KALLATHODU L.P.SCHOOL, OLLUKKARA P.O., KALLATHODU, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. R1 BY ADVS.MR.K.I.SAGEER, MR.C.I.RIYAD. R2 BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO. 1707 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of August, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed by the Addl. Chief Judicial Magistrate Court, (E.O.), Ernakulam in C.C.788/06. As the complainant did not appear an order of acquittal is passed u/s 256(1) Cr.P.C. 2. Heard the learned counsel for both the sides. It is submitted by the learned counsel for the appellant that the absence was on account of the demise of her husband. It can be seen that the complainant is a firm M/s Anjali Traders which was represented by its partner Sri. K. Sreekumar. It is submitted that the said Sreekumar died in April, 2008. The case has been disposed of on 16.9.2008 when really the person who had filed the complaint was not alive. Now the appellant before the Court is Smt. Komalam Sreekumar and she wants to prosecute the proceedings on behalf of the company. So one cannot attribute gross negligence or grave misconduct on the part of the complainant and therefore an Crl.A. 1707 OF 2009 -2- opportunity has to be given. Therefore I set aside the order of acquittal passed u/s 256(1) Cr.P.C. and allow the appeal and direct the learned Addl. Chief Judicial Magistrate to restore the case back to file and proceed in accordance with law after giving a reasonable opportunity to both the sides. Both parties are directed to appear before the Court below on 30.9.09. M.N. KRISHNAN, JUDGE. ul/-