IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 CRL.A.No. 2793 of 2008() ---------------------------------- CC.801/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MUVATTUPUZHA .................... APPELLANT ------------------- BIJOY NELLOOR, S/O.NELLOOR MATHEW, PERINGAZHA, MARADY VILLAGE, (POWER OF ATTORNEY HOLDER). BY ADV. MR.P.P.JACOB RESPONDENT(S): ------------------------- 1. PAUL DAVIS, MUNDAKKAL HOUSE, NEAR ST.AUGUSTINE GIRLS H.S., KOTHAMANGALAM, KOTHAMANGALAM P.O. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. R1 BY ADV. MR.JOSE DAVIS THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2793 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed u/s 256(1) Cr.P.C. in a 138 of Negotiable Instruments Act case. The complainant as well as the accused are lawyers by profession. The case was originally filed at Kothamangalam which was transferred to Muvattupuzha. But on account of unavoidable reasons and non issuance of notice the complainant was not able to be present before court. I do not find any gross negligence or grave misconduct. So an opportunity has to be given. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate 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 affording opportunity to both the sides to adduce evidence in support of their respective contentions. Being advocates I feel and hope that wisdom will prevail on both the parties to have an amicable settlement of the matter. Parties are directed to appear before the court below on 17.8.2009. In the event of non settlement, the matter be disposed of at least by the end of the year 2009. M.N. KRISHNAN, JUDGE. ul/-