IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 CRL.A.No. 1435 of 2009() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.565/2009 ST.1895/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA .................... APPELLANT(S): PETITIONER ------------------------ T.V.GOPAKUMAR, VISHNU BHAVAN, PULLAD, THIRUVALLA. BY ADVS.MR. K.SHAJ MR.SAJJU.S RESPONDENT(S): -------------------------- 1. THRESSIAMMA EDWARD CHERUKKATU VEEDU, EDATHAW, ALAPPUZHA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. MR.R.SANTHOSH BABU FOR R1 BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal. NO. 1435 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal passed u/s 256(1) Cr.P.C. in a case initiated u/s 138 of the Negotiable Instruments Act. The transaction is for an amount of Rs. 4 lakhs. The case was posted for filing the affidavit. The complainant did not present himself before Court. He did not file an affidavit as well. So the Court acquitted the accused. I find there is no gross negligence or grave misconduct in this case. Therefore I feel in the interest of justice an opportunity has to be given. So 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 to adduce both documentary as well as oral evidence in support of their respective contentions. The parties are directed to appear before the Court below on 8.9.09. M.N. KRISHNAN, JUDGE. ul/-