IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 CRL.A.No. 2687 of 2008 -------------------------------- AGAINST THE ORDER DT. 15/07/2008 IN S.T. NO. 4072/05 OF THE JUDICIAL FIRST CLASS MAGISTRTE COURT -III, THRISUR. ...................................... APPELLANT(S): PETITIONER/COMPLAINANT ----------------------------------------------------------------- K.T.FRANCIS, S/O. THOMAS, KAVUNGAL HOUSE, CHEMBUKAVU VILLAGE. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): ACCUSED ---------------------------------------- 1. P.Y.PAULSON, S/O. YESUDASAN, PALLIPORATHUKARAN HOUSE, CHIYYARAM, THRISSUR. 2. THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2687 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of June, 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, Thrissur in S.T. 4072/05 in a 138 of Negotiable Instruments Act case. It is seen from the memorandum of appeal that the case was posted for evidence on 15.7.2008 and in spite of the fact that an application was moved to excuse the absence of the complainant the Court was not prepared and therefore it ended in acquittal u/s 256(1) Cr.P.C. The method adopted by the trial court is not proper and it has really resulted in mis- carriage of justice and therefore the order of acquittal passed u/s 256(1) Cr.P.C. is set aside and the Court below is directed to restore the case back to file and proceed in accordance with law after affording equal opportunity to both the sides to adduce evidence in support of their respective contentions. Crl. Appeal NO. 2687 OF 2008 -:2:- The complainant is directed to appear before the court below on 1.8.2009. The complainant is also directed to take out notice to the accused if he enters appearance on that date. M.N. KRISHNAN, JUDGE. ul/-