IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 CRL.A.No. 1596 of 2009() ----------------------------------- CC.2509/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM .................... PETITIONER/COMPLAINANT ------------------------------------ M/S. MONYPLUS CHITS AND FINANCE CO.PVT. LTD., P.O.BOX 2275, PALARIVATTOM, COCHIN-25, REPRESENTED BY MANAGING DIRECTOR, MANI T.MUNDAT, AGED 61 YEARS, S/O. THOMAS MUNDAT. BY ADV. MR.PEEYUS A.KOTTAM RESPONDENTS/STATE & ACCUSED: ---------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, COCHIN- 682 03. 2. MRS. SUJATHA SUNIL, W/O. SUNIL MENON, OPTION MA-POWER CONSULTANCY, AMBADI TOWER, WARRIAM ROAD, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R2 BY ADV. MR.G.SUBRAMANIAN. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO. 1596 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of August, 2009. J U D G M E N T This is an appeal preferred against the order of the Judicial First Class Magistrate-I, Ernakulam in C.C.2509/04. The accused had been already served with the notice in the leave petition itself. The acquittal is on the ground of the absence of the complainant. It is submitted that there was no willful conduct or negligence on the part of the complainant to appear before the court. Therefore I am inclined to grant an opportunity. Hence the Crl.Appeal is allowed and the order of acquittal passed u/s 256(1) of Cr.P.C. is set aside. The learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording equal opportunities to both the sides. Parties are directed to appear before the Court below on 24.9.09. If the accused does not appear on that day the complainant has to take out fresh summons for the appearance of the accused. M.N. KRISHNAN, JUDGE. ul/-