IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 CRL.A.No. 1779 of 2009() ------------------------ AGAINST THE ORDER IN CRLP.723/2009 CC.351/2008 of SPECIAL JFCM (MARAD CASES), KOZHIKODE .................... APPELLANT/COMPLAINANT: -------------- T. PREMJITH LAL, S/O. BAPPUTTY, AGED 34 YEARS, RESIDING AT 244 “THATARKKAL HOUSE”, VENGERI P.O., PUTHIYANGADI, KOZHIKODE. BY ADV. SMT.BINDU GEORGE SRI.P.B.SAJITH RESPONDENT/ACCUSED/STATE: --------------- 1. K.K. SHYLAJA, D/O. RADHAKRISHNAN, RESIDING AT “KAMPURATHKANDI HOUSE” SRAMBIKAL PARAMBA, PUTHIYARA P.O., KOZHIKODE DISTRICT. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI. C.M. NAZAR FOR R2 THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... CRL.A.NO.1779 OF 2009 ............................................. Dated this the 25th day of August, 2009 J U D G M E N T This appeal is preferred against the order of acquittal passed under Section 256(1) of the Cr.P.C in a 138 N.I.Act Case. The case was pending for return of the bailable warrant issued to the accused as he was not present. Since he is a continuous defaulter before the court, notice to him need not be sent in this appeal. Therefore, it is dispensed with. Here the defect is that batta was not paid. It is submitted that there was no willful conduct to evade the presence in the court by the complainant. I am inclined to give him an opportunity. Therefore the order of acquittal passed under Section 256(1) of the Cr.P.C is set aside 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 both sides. The complainant shall appear before the court below on 8.10.2009 and thereafter take out steps to issue process to the accused. M.N.KRISHNAN, JUDGE cl : 2 : : 3 :