IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 CRL.A.No. 574 of 2005() ------------------------------- CC.2738/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA ........................................ APPELLANT(S): COMPLAINANT --------------------------------------------- V.U.PATHROSE, S/O.ULAHANNAN, AGED 55 YEARS, RESIDING AT VATIKKAMATTATHIL, PAZHOOR, PIRAVOM, REP. BY HIS POWER OF ATTORNEY HOLDER P.A.AUGUSTINE, S/O.ANTHRAYOSE, AGED 57, PALLIPARAMBIL HOUSE, NECHOOR, PIRAVOM. BY ADV. SRI.ELDO KURIAKOSE RESPONDENT(S): ACCUSED/STATE ------------------------------------------------- 1. K.M.VARKEY, KALLUMARIYIL HOUSE, PAZHOOR P.O., PIRAVOM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSCUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.GEORGE SEBASTIAN FOR R1 PUBLIC PROSECTUOR SMT. M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 574 OF 2005 = = = = = = = = = = = = = = = Dated this the 16th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Judicial First Class Magistrate, Muvattupuzha in C.C. 401/02. It is a case u/s 138 of the Negotiable Instruments Act and it ended in acquittal u/s 256(1) Cr.P.C. It appears that the case was taken up on file as C.C.401/02 and thereafter it was transferred to Muvattupuzha where it was renumbered as 2738/03. It is submitted that the complainant was not in a position to get the new number and that has resulted in his absence. There appears to be considerable force in the said contention and therefore I am inclined to grant an opportunity. Therefore the order of acquittal passed u/s 256(1) Cr.P.C. is set aside and the Court below is directed to restore the case back to file and proceed in accordance with law after affording equal opportunity to both the sides to adduce evidence in support of their respective contentions. CRL.A.574 OF 2005 -:2:- The complainant is directed to appear before the court below on 1.8.2009 and he shall take out notice to the accused if he enters appearance on that date. M.N. KRISHNAN, JUDGE. ul/-