IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 CRL.A.No. 1400 of 2004(C) ------------------------------------- (CC.NO.410/2001 OF JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA) .................... PETITIONER/ COMPLAINANT: ------------------------------------------ SURESH, S/O. KUMARAN, MANIMOOLAYIL HOUSE, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK. BY ADVS. MR.C.ANILKUMAR (KALLESSERIL), MR.C.AJITH KUMAR (KALLESSERIL). RESPONDENTS/ ACCUSED & STATE: ----------------------------------------------------- 1. REJI ABRAHAM, KURUVITHADAM HOUSE, PARIYARAM P.O., CHALAKUDY. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. NAZAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1400 OF 2004 ------------------------------ Dated this the 12th day of June, 2009 JUDGMENT At the outset, I may like to state that the grounds of appeal in the memorandum are not really convincing and conducive in a case where an accused has been acquitted under Section 256(1) of the Cr.P.C. for the absence of the complainant. It appears from the memorandum of appeal that the court has to wait for the lawyer and the complainant to come to the court and then pass orders. This is really a said state of affairs. But, courts of law are always concerned about the justice being rendered. So, I am not inclined to take the grounds of appeal which really will stand in the way of allowing. But applying the factum of broad principles of natural justice and the fact that an amount of Rs.4,50,000/= is involved, I am inclined to give an opportunity. 2. Therefore, the order of acquittal under Section 256(1) is set aside and the court below is directed to restore the case back to file and dispose of the matter in accordance with law 2 CRL.A.NO.1400/04 after affording equal opportunities to both sides. The appellant is directed to appear before the court on 27.7.2009 and in case the accused does not appear, let summons be issued to him. The Crl.A. is disposed of accordingly. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.1400/04 4 CRL.A.NO.1400/04