IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 CRL.A.No. 2052 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.502/2006 Dated 18/10/2006 CC.605/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... APPELLANT(S): COMPLAINANT: ------------------------------------------------- ANN'S MARKETING, ADAM SQUARE, ALUVA ROAD, ANGAMALY, REPRESENTED BY ITS PROPRIETOR, MARTIN DAVIS, KANNAMPUZHA HOUSE, MAIKKAD P.O., CHAMPANOOR. BY ADV. MR.VINOD RAVINDRANATH RESPONDENT(S): ACCUSED & STATE: --------------------------------------------------------- 1. RAJESH, S/O. KUNJAPPAN, KOLKKA HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUZHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2052 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th 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-II, Aluva in C.C.605/04. The complainant was absent and therefore the Court was constrained to acquit the accused u/s 256(1) Cr.P.C. It is stated that on account of the traffic block in Aluva town the complainant was not able to reach in time which resulted in the acquittal of the accused. I feel an opportunity can be given as there is no gross negligence or grave mis conduct. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate 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 affording equal opportunities to both the sides to adduce both documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear Crl.A.2052/07 -:2:- before the court below on 27.7.2009. In case the accused does not appear on the date mentioned above, the complainant shall take steps to serve the summons on him. M.N. KRISHNAN, JUDGE. ul/-