IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 CRL.A.No. 61 of 2009-C ---------------------------------- JUDGEMENT/ORDER IN CRLP.3/2009 Dated 02/01/2009 CC.705/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... APPELLANT(S): ---------------------- HOUSING AND URBAN, DEVELOPMENT CORPORATION LTD., HUDCO BHAVAN, INDIA HABITAT CENTRE COMPLEX, LODHI ROAD, NEW DELHI. RFEP. BY ITS AUTHORISED REPRESENTATIVE PREETHI.C.S., ASSISTANT MANAGER(LAW) HUDCO INDIVIDUAL HOUSING UNIT,KHADI TOWERS,KALOOR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): ----------------------- 1. K.P.CHACKO, RESIDING AT H.NO.11/139, KARI MATHAI HOUSE, NADUVANNUR, CHENGAMANAD, CHOWARA PO., ALUVA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dkr M.N. KRISHNAN, J. --------------------------- CRL.A.NO.61 OF 2009 ------------------------------ Dated this the 16th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed in C.C.No.705/2006. It is submitted that the court erred in acquitting the accused. The reason for non- representation was that there were two cases namely C.C.No.704/2006 and this case and the party was under the impression that they are being called together. As he was absent, that resulted in acquittal of the accused. I feel, there is no gross negligence or grave misconduct. Therefore, the order of acquittal passed under Section 256(1) Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to both sides to put forward their respective contentions. The complainant shall appear before the court below on 26.8.2009 and then take out summons to the accused. M.N. KRISHNAN, JUDGE cl 2 3