IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 CRL.A.No. 1739 of 2009() ----------------------------------- CC.260/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ERNAKULAM .................... APPELLANT/COMPLAINANT: ---------------------------------------- C.C. SEBASTIAN, S/O.CHEEKU, CHAMMANNI KODOTH HOUSE, PALARIVATTOM, THAMMANAM DESOM, KOCHI-25. BY ADV. MR.ALEXANDER GEORGE RESPONDENT/ACCUSED/STATE: ----------------------------------------------- 1. V. GOPINATH, S/O.VELAPPAN, KSFE KANJIKODE BRANCH, KANJIKODE, PALAKKADU. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO. 1739 OF 2009 = = = = = = = = = = = = = = = Dated this the 21st day of August, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed u/s 256(1) in a case initiated u/s 138 of the Negotiable Instruments Act. The accused was acquitted on the ground that the complainant was not present. It has to be stated that the accused has not entered appearance at all in the court and it was only posted for process. The learned counsel would submit that there was no deliberate avoidance of the court to take steps. S.138 of the Negotiable Instruments Act matter is filed by the complainant for the purpose of the prosecution and I feel an opportunity has to be given. Therefore the Crl.Appeal is allowed and the order of acquittal passed 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 giving a reasonable opportunity to both the sides. Crl.Appeal NO. 1739 OF 2009 -:2:- The complainant is directed to appear before the Court below on 6.10.09. Thereafter he shall take out fresh summons to the accused for his appearance. M.N. KRISHNAN, JUDGE. ul/-