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. 2181 of 2006() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRL.L.P.551/2006 ST.1064/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR ............................................................................... APPELLANT(S): COMPLAINANT: ------------------------------------------- SHAJAN M.O., S/O.OUSEPH, MADATHUMPADI HOUSE, ERAVIMANGALAM P.O., THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): ACCUSED & STATE: ------------------------------------------------------ 1. SARASWATHY P.N., W/O.RADHAKRISHNAN, VENKIDANGIL HOUSE, NEAR GOVT.LAW COLLEGE, AYYANTHOLE P.O., THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADVS.SRI.P.S.AJITH KUMAR FOR R1 SRI.C.M.NAZAR, PUBLIC PROSECUTOR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009. THE COURT ON 18/06/2009 DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- CRL.A.No.2181 OF 2006 -------------------------- Dated this the 18th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ This is an appeal preferred against the order of acquittal passed u/s.256(1) Cr.P.C. in a Section 138 of Negotiable Instruments Act case. The accused was acquitted on account of the absence of the complainant. The court found that there was willful negligence on the part of the complainant. On perusal it is revealed that though the complainant was absent, an application was filed for exempting him but the court did not allow that request. I do not find any callous or contumacious conduct on the part of the complainant. Therefore order of acquittal passed, is to be set aside and I do so. In the result, the criminal appeal is allowed and the order of acquittal u/s.256 (1) Cr.P.C. is set aside. The Magistrate is directed to restore the case back to file and dispose of the same in accordance with law, after permitting both sides to put forward their CRL.A.No.2181 OF 2006 2 respective contentions. The complainant shall appear before the court on 5.8.2009 and to take steps for service of summons on the accused thereafter. M.N.KRISHNAN, JUDGE ami.