IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 CRL.A.No. 1283 of 2007() ----------------------------------- ST.3823/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT,OTTAPPALAM .................... APPELLANT/COMPLAINANT ---------------------------------------- K.P. ASOKAN, S/O. LATE VELUKUTTY, PUTHENVEETTIL, PANAYUR DESOM, KOONAMTHARA AMSOM, OTTAPALAM TALUK. BY ADV. MR.E.R.VENKATESWARAN MR.R.SREEHARI RESPONDENTS/ACCUSED & STATE: --------------------------------------------------- 1. V.P. SAJU, S/O. MADHAVAN, VATTAPARAMBIL, CHERUKATTUPULAM DESOM, VANIYAMKULAM AMSOM, OTTAPALAM TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR. R1 BY ADV. MR.T.K.RADHAKRISHNAN, SMT.K.L.SREEDEVI. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1283 OF 2007 ------------------------------ Dated this the 18th day of June, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in S.T.No.3823/2004 of the JFCM-I, Ottapalam. A perusal of the order would revel that the complainant did not enter appearance in spite of posting it as a last chance. A perusal of the memorandum of appeal would show that the complainant could not appear in person before the court to prosecute the proceedings and it is submitted therein that an application has been filed for excusing his absence. It shows his interest in prosecuting the case. 2. I feel that an opportunity has to be given to meet the ends of justice. Therefore the order of acquittal passed under Section 256(1) Cr.P.C is set aside and the lower court is directed to restore the case back to file after affording equal opportunities to both the complainant as well as the accused to adduce both documentary and oral evidence in support of their respective contentions. The complainant is directed to 2 CRL.A.NO.1283/07 appear before the court below on 5.8.2009 and after he enters appearance, steps be taken to complete the service of the accused. M.N. KRISHNAN, JUDGE cl 3 CRL.A.NO.1283/07