IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 CRL.A.No. 2239 of 2010() ------------------------ ST.11/2010 OF J.F.C.M III, NEDUMANGAD. .................... APPELLANT(S): PETITIONER/COMPLAINANT ------------------------------------ MURALEEDHARAN PILLAI, S/O. VASUDEVAN PILLAI, "NILAVU" ARAMPUNNA, ELAMBAL P.O., PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. ADV. MR.JYOTHIS, S/O. BALAKRISHNAN, 'BHAGYALAYAM', KALANJOOR P.O., PATHANAMTHITTA DISTRICT, PIN-689 694. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.SABU SREEDHARAN. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.HEMA, J. ----------------------------------------------- Criminal Appeal No.2239 of 2010 ----------------------------------------------- Dated 8th March, 2011. J U D G M E N T This appeal arises from an order of acquittal passed under Section 256(1) of the Code of Criminal Procedure ('the Code', for short). 2. The appellant is the complainant. He filed a complaint against first respondent before the Magistrate Court, alleging offence under Section 138 of the Negotiable Instruments Act. The case was posted for evidence as last chance on 12.10.2010, but complainant did not appear. Hence, accused was acquitted. 3. Though notice was issued to first respondent/accused, he has not entered appearance. Heard appellant's counsel. On a reading of the order under challenge, it is seen that the case was posted for evidence, on the day to which the accused was acquitted. It appears that accused was acquitted since complainant did not get ready for evidence. In the light of the decision reported in P.V.Joseph v. State of Kerala (2010(4) KLT 697), the order under challenge is Crl.Appeal No.2239/10 2 unsustainable. Hence, the following order is passed : (i) The impugned order is set aside. (ii) The court below shall take the case on file and dispose of the same in accordance with law. (iii) The parties shall appear before the trial court on 25..4..2011. The appeal is allowed. K.HEMA, JUDGE. tgs