IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 CRL.A.No. 765 of 2003(B) ----------------------- AGAINST THE ORDER DATED 29.10.02 IN ST.296/2001 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... APPELLANT: COMPLAINANT: ------------------------------ PALMS FOOD SPECIALITIES (P) LTD., REP.BY P.K. NIZAR (PRODUCTION SUPERVISOR), KARANTHUR, KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.JOSE KURIAKOSE (VILANGATTIL) SRI.GEORGE KARITHANAM VARGHESE RESPONDENTS: ACCUSED & STATE: --------------------------------------- 1. PROPRIETOR, LA.AGENCIES, MYNAGAPPALLY, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No.765 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April 2008 JUDGMENT This appeal which is at the instance of the complainant in a prosecution under Section 138 of the Negotiable Instruments Act is directed against the order of acquittal passed by the court below under Section 256 of the Code of Criminal Procedure. Having perused the materials available on record, I am satisfied that the appellant is entitled to get one more opportunity to prosecute his case. Therefore, the impugned order is set aside. The court below shall restore the complaint on file and dispose it of in accordance with law. (A.K.BASHEER, JUDGE) jes