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. 1962 of 2006(D) ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.493/2006 Dated 28/09/2006 CC.679/2005 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... APPELLANT(S): COMPLAINANT ---------------------------------------------- SREE GOKULAM CHIT & FINANCE COMPANY PVT. LTD., REP. BY ITS POWER OF ATTORNEY HOLDER T.R.KRISHNAN KUNJU, S/O. P.R.THYAGARAJA PANICKER, LEGAL ASST., KOLLAM DIVISION, COMMERCIAL SHOPPING COMPLEX, BISHOP JEROME NAGAR, CHINNAKKADA, KOLLAM. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.M.T.SURESHKUMAR RESPONDENT(S): ACCUSED & STATE ----------------------------------------------------- 1. RAJAN M.K., S/O. KUNJU ACHARI, ONAMPALLIL HOUSE, BHARANIKAVU P.O., KAYAMKULAM, KATTANAM VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV.SRI.GEORGE VARGHESE PERUMPALLIKUTTIYIL FOR R1 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON 16/07/2009 DELIVERED THE FOLLOWING: dkr M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1962 OF 2006 ------------------------------ 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. It is a case under Section 138 of the N.I.Act. It is averred that the posting date was wrongly noted as 1.5.2006 whereas it was actually posted to 1.3.2006. The court had adjourned it to 4.3.2006. But, as the counsel was under the impression that the case was posted to 1.5.2006 there was no appearance which resulted in acquittal of the accused. I do not find any gross negligence or grave misconduct. Therefore, I am inclined to grant an opportunity. The order of acquittal passed under Section 256(1) 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 complaint shall appear before the court below on 27.8.2009 and take out summons to the accused for further proceedings. M.N. KRISHNAN, JUDGE cl 2 3