IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 CRL.A.No. 261 of 2009 ----------------------------- ORDER IN CRLP.102/2009 Dated 29/01/2009 (ST.5377/2005 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), TRIVANDRUM) .................... APPELLANT(S): PETITIONER/COMPLAINANT ------------------------------------------------------------------ KERALA STATE FILM DEVELOPMENT CORPORATION LTD,CHALACHITRA KALA BHAVAN, VAZHUTHACAUD,THIRUVANANTHAPURAM,REP; BY ITS SENIOR ACCOUNTANT & AUTHORISED REPRESENTATIVE MR.D.SATHEESH. BY ADV. SRI.M.SREEKUMAR SRI.A.ABDUL KHARIEM RESPONDENT(S): ACCUSED & STATE ----------------------------------------------------- 1. MR.BOSE VARGHESE,CHEMPAKASSERIL, KOTHANICAUD.P.O,KOTHAMANGALAM, ERNAKULAM DIST. 2. STATE OF KERALA,REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.MVS.NAMBOOTHIRY FOR R1 PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dkr M.N. KRISHNAN, J. --------------------------- CRL.A.NO.261 OF 2009 ------------------------------ Dated this the 16th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of Cr.P.C. The accused was acquitted under Section 256(1) of Cr.P.C. It is averred that when the case was posted to 12.12.2008, by mistake a wrong date was noted recording the next posting date. But the case was called on 12.12.2008 and on account of the absence of the complainant and his counsel, the accused was acquitted. I do not find gross negligence or grave misconduct. I am inclined to grant an opportunity. Therefore, the order of acquittal passed under Section 256(1) of Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to put forward their respective contentions. The complainant shall appear before the court below on 27.8.2009 and thereafter take out summons to the accused for further proceedings. M.N. KRISHNAN, JUDGE cl 2 3