IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 21ST JUNE 2006 / 31ST JYAISHTA, 1928 CRL.A.No. 644 of 2000(B) ------------------------ CC.109/1999 of JUDL. MAGISTRATE OF FIRST CLASS-II, KOTTAYAM .................... APPELLANT: ----------- JAYAM MOHANA KUMAR, JAYA NIVAS, PALLOM.P.O., NATTAKOM VILLAGE. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENTS: ------------- E.B.NAVEENDRALAL, SAYANA VEEDU, THALAYOLAPARAMBU, STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, EKM. BY ADV. SRI.B.JAYAPRAKASH PUBLIC PROSECUTOR P.A. RAZIA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 21/06/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M.JAMES, J. -------------- CRL.A. 644/2000 ------------------ DATED THIS THE 21ST DAY OF JUNE, 2006 JUDGMENT Perusal of the records reveal that a complaint, preferred by the appellant, the complainant, before the Judicial Magistrate of First Class-II, Kottayam, was dismissed and the accused was acquitted, as the complainant was absent. 2. In the facts of this case, I am of the opinion that an opportunity be given to the parties, so that the Court below shall consider the matter on merit. Therefore, I set aside the impugned order and restore C.C.No.109/1999 on the file of the Judicial Magistrate of First Class-II, Kottayam. 3. The parties shall appear before the Court below on 26.7.2006. As the case being an old matter, the learned Magistrate shall dispose of it, within four months from the date of appearance, as per the law. The appeal is allowed as above. J.M.JAMES JUDGE mrcs Crl.R.P. 2 J.M.JAMES, J. CRL.R.P. /200 Crl.R.P. 3 ORDER DAY OF ,200