IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 CRL.A.No. 1990 of 2007(C) ------------------------ CC.992/2004 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... APPELLANT(S): COMPLAINANT ----------------------------------- P.P.ABRAHAM, S/O PHILIPOSE, PULIMOOTIL HOUSE, VAKATHANAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): ACCUSED AND STATE --------------------------------------------- 1. T.K.JACOB, THEKKANETHU HOUSE, THOTTAKKADU, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.VIVEK CHANDRAN FOR R1 SRI.KARJET KODUVATH FOR R1 PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1990 OF 2007 = = = = = = = = = = = = = = = Dated this the 8th day of June, 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 N.I.Act. The complainant did not attend the court and he was not available on the date when he was acquitted. He was not represented by the counsel also on that date. The learned counsel would submit the complainant was coming to the court but unfortunately he got delayed and there was all earnestness and seriousness for him to prosecute the case especially in the back drop that this is a case involving a huge sum of Rs.7,00,000/-. Taking into consideration the peculiar circumstance and the persuasive submissions made by the learned counsel for the appellant I am inclined to grant an opportunity. 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 for prosecuting their respective cases. If the accused is not appearing let fresh summons be issued to him. M.N. KRISHNAN, JUDGE. ul/-