IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 CRL.A.No. 2196 of 2005(D) ------------------------ AGAINST THE JUDGEMENT IN CC.2798/2001 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... APPELLANT(S): COMPLAINANT: ---------------------------------- BIJU. V. GEORGE, S/O. GEORGE, VETTUKALLUMPURATH HOUSE, THADIYAMPADU P.O., IDUKKI. BY ADV. SRI.JOICE GEORGE SRI.A.G.TISSARANT RESPONDENT(S): ACCUSED: ------------------------------ 1. JIJI. C. GEORGE, CHAMPAKOTTUKUDIYIL, AYAKKADU, THRIKARIYOOR P.O., KOTHAMANGALAM-686 692. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2196 OF 2005c = = = = = = = = = = = = = = = Dated this the 8th day of June, 2009. J U D G M E N T This is an appeal preferred against the order of acquittal u/s 256(1) Cr.P.C. in a case initiated u/s 138 of N.I. Act. A notice was issued to the accused to start with and thereafter a non bailable warrant was issued. A direction was given to the complainant' s counsel to obtain a warrant from the Court. The Court was not satisfied with the attitude of the complainant. The learned counsel would submit there was no intentional inaction by the counsel for the accused. It was stated that the complainant will be always interested in prosecuting the case. Therefore I am inclined to give an opportunity to the complainant to proceed with the case. I find there are sufficient reasons and there is no gross negligence or grave misconduct. Therefore the order of acquittal u/s 256(1) Cr.P.C. is set aside and a direction is given to the learned Magistrate to restore the case back to file and proceed in Crl.A. 2196 OF 2005 -2- accordance with law after giving sufficient opportunities to the complainant as well as the accused. The accused's presence should be ensured. The Crl.Appeal is disposed of as above. M.N. KRISHNAN, JUDGE. ul/- Crl.A. 2196 OF 2005 -3-