IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 CRL.A.No. 156 of 2010() ----------------------- AGAINST THE JUDGEMENT/ IN CC.19/2009 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... APPELLANT(S): PETITIONER/COMPLAINANT ------------------------------------ KURIAN JAMES KADAVIL HOUSE, VADASSERY, CHUNKOM WARD ALAPPUZHA. BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S): --------------- 1. AJIKUMAR, S/O.PUSHKARA PANICKER PANHINETTIL CHIRA, THEKKEKARA PO,MANCOMBU. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.M.V.MATHEW FOR R1 PUBLIC PROSECUTOR MR. P.A SALIM THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. K. HEMA, J ---------------------- Crl.Appeal.No.156 OF 2010 ----------------------------------- Dated 14th January, 2011 J U D G M E N T This appeal is filed challenging the order of acquittal passed under section 256(1) of Code of Criminal Procedure ('the Code' for short). 2. Appellant is the complainant. He filed a complaint against first respondent alleging offence under Section 138 of Negotiable Instruments Act. The complaint was taken on file and the case was posted to different dates for evidence. On 17.12.2009 the case was posted either for evidence or for disposal. The complainant was absent and application was filed, but it was dismissed. Accused was acquitted under section 256(1) of the Code. 3. On hearing both sides, I am satisfied that the order of acquittal was passed on a day to which case was posted for evidence. In the light of the decision reported in 2010 (4) KLT 697 P.V. Joseph Vs. State of Kerala and another the order of acquittal passed under section 256(1) of the Code on the date on Crl.A. No.156/10 2 which case was posted for evidence cannot be sustained. Hence order under challenge is illegal and is liable to be set aside. In the result, the following order is passed: (i) The order under challenge is set aside. (ii) The trial court shall take the case on file and dispose of the same in accordance with law. (iii) The parties shall appear before the trial court on 28.2.2011. This appeal is allowed. K. HEMA, JUDGE. Sou.