IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 CRL.A.No. 191 of 2011() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.61/2011 Dated 20/01/2011 ST.1750/2006 of .................... APPELLANT(S): COMPLAINANT ------------------------- G.MOHANAN, AGED 51 YEARS, S/O. GANGADHARA PANICKER, CONTRACOT, RESIDING AT KEERTHI, MUKKUMPALAMOODU, PEYAD, THIRUVANANTHAPURAM. BY ADV. SRI.NAIR AJAY KRISHNAN RESPONDENT(S): STATE AND ACCUSED -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOSE JACOB, AGED 48 YEARS, CONTRACTOR, RESIDING AT VELLIKKAKATHU HOUSE, PUTHUPADIYIL, KANNAMKARA, THANEERMUKKAM, P.O.ALAPPUZHA. ADV. SMT.M.HEMALATHA FOR R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.HEMA, J. ----------------------------------------------- Crl.A. No. 191 of 2011 ----------------------------------------------- Dated this the 4th day of April, 2011. JUDGMENT This appeal arises from an order of acquittal. 2. Appellant is the complainant. He filed a complaint against the 2nd respondent herein alleging offence under Section 138 of the Negotiable Instruments Act. The trial was conducted and, at the defence stage, the accused was acquitted, since complainant was absent and there was no representation. 3. Learned counsel for appellant submitted that the accused was acquitted at the stage of defence evidence. The evidence was completed and statement under Section 313 Cr.P.C. was recorded. This fact is not disputed. I am satisfied that an order of acquittal under Section 256(1) of the Code is unsustainable since, the order is passed not on the two days specified in Section 256(1) of the Code (vide also P.V. Joseph v. State of Kerala (2010(4) KLT 697) . Hence, the following order is passed: [Crl.A.No.191/11] 2 1) The order under challenge in this appeal is set aside. 2) The case is remanded to the trial court for fresh consideration and disposal, in accordance with law. 3) Parties shall appear before the trial court on 25.05.2011. Appeal is allowed. Sd/- K.HEMA, JUDGE. Krs.