IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 CRL.A.No. 1483 of 2009() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.577/2009 Dated 27/07/2009 CC.56/2008 of JUDL. FIRST CLASS MAGISTRATE – III, KOTTARAKKARA .................... PETITIONER (S)/COMPLAINANT ---------------------------------------------- M/S. SREE GOKULAM CHIT AND FINANCE CO. PVT. LTD., ALPHONSA COMMERCIAL COMPLEX, MARKET JUNCTION, KOTTARAKKARA REP. BY ITS LEGAL CLERK, S.PRADEEP, AGED 38 YEARS, S/O. SREEDHARAN, MOOLATHARA THOPPIL, KANTRAMKANI, MUNDRO ISLAND.P.O KOLLAM. BY ADVS. MR.K.S.BABU SMT.N.SUDHA RESPONDENT(S): -------------------------- 1. S.RAMANAN, S/O. SREEDHARAN, REJITHA BHAVAN, VELIYAM.P.O., KOTTARAKKARA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.A.SANIL KUMAR R2 BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.1483 OF 2009 ------------------------------ Dated this the 27th day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C. The accused had been given notice in the Crl.L.P. It is submitted that the complainant did not evade his presence before the court deliberately. He was under the impression that the matter would be settled. Taking into consideration these aspects, I am inclined to grant an opportunity. Therefore, the order of acquittal passed under Section 256(1) is set a side and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to put forward their respective contentions. The parties are directed to appear before the court below on 14.9.2009. In case the accused does not appear on that day, the complainant shall take out notice to the accused for further proceedings. M.N. KRISHNAN, JUDGE cl cl