IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 CRL.A.No. 1622 of 2009 --------------------------------- ST.NO.147/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-VI, THIRUVANANTHAPURAM. .................... APPELLANT/ COMPLAINANT: ------------------------------------------ A.RAMACHANDRAN NAIR, RAMACHANDRAVILASAM, PERUMALLOOR, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. MR.P.V.ANIL. RESPONDENTS/ ACCUSED & STATE: ----------------------------------------------------- 1. DR.SARAMMA JAMES, C/O.CRISTUDAS, T.C.NO.4/673,'SHARON', SREEVILASAM LANE, KOWDIAR.P.O, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1622 OF 2009 ------------------------------ Dated this the 11th day of August, 2009 JUDGMENT This is an appeal preferred against the order of acquittal under Section 256(1) of the Cr.P.C. It is a case under Section 138 of the N.I. Act and as the counsel and the complainant were not present, it has ended in acquittal. 2. I am dispensing with notice to the accused in the case for the reason that the case is still pending at the stage of N.B.W to the accused which means, the accused had not entered appearance before the court below. The complainant had taken steps to get the accused before the court and when the accused purposefully and intentionally is not available, it may not be justifiable for a court to reject the complaint and acquit the accused. 3. Therefore, I am inclined to grant an opportunity. The order of acquittal passed under Section 256(1) is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law. The complaint shall appear before the court below on 25.9.2009 : 2 : and thereafter take out step for completion of service of notice to the accused. M.N. KRISHNAN, JUDGE cl