IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 CRL.A.No. 1738 of 2009() ----------------------------------- CC.13/2008 OFJUDL. FIRST CLASS MAGISTRATE COURT-IV, PUNALUR. .................... APPELLANT/COMPLAINANT ---------------------------------------- H. HAMSA,S/O.ABU TALIF, KALLUKUZHIYIL VEEDU,CHOZHIYAKKODU, KULATHUPUZHA,KOLLAM DISTRICT. BY ADV. MR.C.RAJENDRAN RESPONDENTS/ACCUSED & STATE ---------------------------------------------------- 1. M. MURUKAN, 5/2, RPL 1C COLONY, KOOVAKKADU P.O., KULATHUPUZHA, KOLLAM DISTRICT. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R1 BY ADV. MR.PAULY MATHEW MURICKEN. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO.1738 OF 2009 = = = = = = = = = = = = = = = Dated this the 21st day of August, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed u/s 256(1) in a case initiated u/s 138 of the Negotiable Instruments Act. It is true that the complainant has not been very vigilant in prosecuting the proceedings. Whatever it may be, it is being a criminal trial it is desirable that it is heard on merits. Therefore applying the broad principles I am inclined to grant an opportunity to the complainant to put forth his case. Therefore the Crl.Appeal is allowed and the order of acquittal passed 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 giving a reasonable opportunity to both the sides. The complainant has to be more vigilant and if he persists in this state he may have to curse his fate. Parties are directed to appear before the Court below on 6.10.09. M.N. KRISHNAN, JUDGE. ul/-