IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 CRL.A.No. 1482 of 2009() ------------------------ ST.3210/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... APPELLANT(S): COMPLAINANT ------------------------- M/S. INDRAPRASTHA HIRE PURCHASE AND INVESTMENTS, REGIONAL OFFICE, WEST FORT.P.O, POOTHOLE, THRISSUR, REPRESENTED BY THE POWER OF ATTORNEY RADHAKRISHNAN.T, S/O.KOCHUNNI MENON, THERAMBIL HOUSE, P.O. KUTTUR, THRISSUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ACCUSED AND STATE -------------------------------- 1. DR.P.K. GEETHA, W/O. RAM MOHAN, DHARITHRI, SREYAS NAGAR, OLLUKKARA, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBILC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS.MR.P.VIJAYA BHANU, MR.P.M.RAFIQ. R2 BY PUBILC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1482 OF 2009 ------------------------------ Dated this the 27th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Code of Criminal Procedure. It was dismissed on the ground that the complainant was absent and there was no representation. It is stated that it was not on account of the deliberate negligence on his part the matter ended in acquittal but it was only due to an inadvertent mistake in taking note of the posting date which is a common ground in almost all appeals in now a days. But, let the interest of justice does not suffer. Therefore, I am inclined to grant an opportunity. Therefore, order of acquittal passed under Section 256(1) of the Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and dispose it of in accordance with law after affording equal opportunities to both sides to put forward their respective contentions. The parties are directed to appear before the court below on 14.9.2009. M.N. KRISHNAN, JUDGE cl 2 3 4 5