IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 CRL.A.No. 2023 of 2007() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.936/2007 Dated 05/10/2007 CC.1012/2001 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... APPELLANT(S): ACCUSED --------------------- JABY PAUL, NEDUMPURATH HOUSE, KUREEKAD P.O., ERNAKULAM, REP. BY POWER OF ATTORNEY HOLDER SAJEESH T.P., CHETHALIL HOUSE, AROOR P.O., ALAPUZHA. BY ADV. MRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT & STATE --------------------------- 1. V.C.SUDHINDRAN, VADAKETHIL HOUSE, THEKKUM BHAGAM, TRIPUNITHURA, ERNAKULAM 683109. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADVS.MR.A.T.ANILKUMAR FOR R1 MR.V.SUNILKUMAR (MANTHRA) FOR R1 BY PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.L.P. NO. 2023 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th 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) in a case initiated u/s 138 of the Negotiable Instruments Act in C.C.1012/01 of Judicial First Class Magistrate-I, Ernakulam. The case ended in acquittal on account of the absence of the complainant as well as his counsel. It is submitted that on the eventful day on account of the traffic block neither the counsel nor the party could reach the Court. It is stated that on account of the strike by employees of the Kochi Corporation there was traffic block which resulted in failure of the complainant and his counsel to reach the Court in time. I find there is no gross negligence or grave mis-conduct and so an opportunity has to be given. Therefore 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 giving a reasonable Crl.A. 2023 OF 2007 -2- opportunity to both the sides for the conduct of the case. The complainant is directed to appear before the Court below on 6.8.09. Thereafter he shall take out summons to the accused. M.N. KRISHNAN, JUDGE. ul/-