IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 CRL.A.No. 2125 of 2008() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.563/2008 Dated 16/09/2008 CC.733/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... APPELLANT(S): COMPLAINANT ------------------------ MUHAMMED SAYID, MADILAKATHU HOUSE AZHIKKODU KARA, KODUNGALLUR. BY ADVS. MR.LIJU. M.P MR.G.PADMARAJ RESPONDENT(S): ACCUSED & STATE ------------------------- 1. K.A.HUSSAINKUTTY, S/O.ABOOBACKER, KOLPPARAMBIL, BANK OF INDIA COLONY, ASOKA ROAD, KALOOR, KOCHI. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADVS. MR.PAUL JACOB FOR R1 MR.PEARL K.DAVIS FOR R1 MR.I.K.RAJU FOR R1 MR.K.R.MURALI FOR R1 BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.2125 OF 2008 ------------------------------ Dated this the 3rd day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in C.C.No.733/200. It is a case under Sections 500 and 501 of the Indian Penal Code. It is submitted that the complainant was abroad and he was unable to attend the court and that resulted in the acquittal and there was no deliberate act on the part of the complainant to avoid the court. I am satisfied that there is no gross negligence or grave misconduct and an opportunity has to be given. Therefore, the 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 then proceed to dispose of the matter in accordance with law after affording equal opportunities to both sides. The complainant is directed to appear before the court below on 20.8.2009 and thereafter take out summons to the accused. M.N. KRISHNAN, JUDGE cl 2 3