IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 CRL.A.No. 1564 of 2009 ------------------------------- AGAINST THE JUDGEMENT CC.1119/2003 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .......................................... APPELLANT(S): --------------------- KAMALUDHEEN, S/O. ADM BAVA, CHITTADEESWARAM PURAYIDAM, POLAYATHODE, VADAKKEVILA CHERRY, VADAKKEVILA VILLAGE, KOLLAM TALUK. BY ADV. SMT.T.S.MAYA (THIYADIL) RESPONDENT(S): ---------------------- 1. KERALA STATE, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. MARANU SIVADASAN, S/O. PARAMU, AGED 42 YRS, SREELATHA MANDIRAM, KUREEPPUZHA CHERRY, PERINADU VILLAGE. ADV. SRI.A.ANTONY FOR R2 SMT.LEELAMMA ANTONY FOR R2 PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1564 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of August, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Judicial First Class Magistrate, Kollam in C.C 1119/03. It was a complaint u/s 138 of the Negotiable Instruments Act. When the matter was posted for cross-examination of the complainant he was not present. The court granted some time. In spite of the same he did not present himself. So the Court had acquitted the accused u/s 256(1) Cr.P.C. So the interest of justice requires an opportunity to be given. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside. The learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording opportunity to both the sides to adduce evidence in support of their respective contentions. Parties are directed to appear before the court below on 17.9.2009. M.N. KRISHNAN, JUDGE. ul/-