IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 CRL.A.No. 2010 of 2007(A) ------------------------------------- CC.NO.1011/2001 OF JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... APPELLANT/ ACCUSED: ----------------------------------- JABY PAUL, NEDUMPURATH HOUSE, KUREEKAD P.O., ERNAKULAM, REPRESENTED BY POWER OF ATTORNEY HOLDER SAJEESH.T.P., CHETHALIL HOUSE, AROOR P.O., ALAPPUZHA. BY ADVS. MR.T.G.RAJENDRAN, SMT.O.K.JASEETHA. RESPONDENT/COMPLAINANT AND STATE: -------------------------------------------------------------- 1. T.K.ABDUL AZEEZ, THALAKOTTIL HOUSE, K.D.P. P.O., SOUTH KALAMASSERY, ERNAKULAM- 683 109. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.C.ANILKUMAR (KALLESSERIL). R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2010 OF 2007 = = = = = = = = = = = = = = = Dated this the 15th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed u/s 256(1) Cr.P.C. in a case under Section 138 of the Negotiable Instruments Act. The accused was acquitted for the non appearance of the complainant and his lawyer on 28.2.2002. Due to some traffic blockage in connection with some agitations in front of the office of Kochi Corporation, the complainant could not reach the Court on that day and on the previous occasion as there was a wrong noting of the date by the counsel that also disabled him from appearing before Court. It is submitted that there was no unlawful or deliberate act on the part of the complainant to be away from the Court. Taking into consideration these aspects I am inclined to give an opportunity. Therefore the order of acquittal passed u/s 256(1) Cr.P.C. is set aside and the learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording equal opportunity to both CRL.A. 2010 OF 2007 -:2:- the sides to adduce evidence in support of their respective contentions. The complainant is directed to appear before the court below on 30.7.2009 and on his appearance shall take out summons to the accused. M.N. KRISHNAN, JUDGE. ul/-