IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 CRL.A.No. 265 of 2003() ----------------------- CC.171/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... APPELLANT(S): COMPLAINANT: ------------------------------------------------- NIJUMUDEEN THANGAL S/O. ATTAKOYA THANGAL, VALIYAVEEDU VADAKKETHIL, JONAKAPPURAM, KOLLAM. BY ADV. MR.M.SHAHID AHMAD RESPONDENT(S): ACCUSED: ------------------------------------------- 1. NAHAS, S/O. ALIYARUKUNJU, KURUTTAZHIKOM VEEDU, PANTHRANDU MURI, THATTAMAL P.O., KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. C.M.NAZAR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 265 OF 2003 = = = = = = = = = = = = = = = Dated this the 2nd day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal under S.256(1) Cr.P.C. by the Judicial First Class Magistrate- I, Kolam in C.C.171/97. It can be seen that due to the absence of the complainant the accused had been acquitted u/s 256(1) Cr.P.C. It is averred that at the time of calling of the case on 28-1-97 the complainant was standing out side the Court room. He was represented by a counsel and there was a prayer for exemption for personal appearance which was not allowed by the Court. In the next sentence it is stated that he was not present. Whatever it may be, an attempt has been made to represent the case and exemption was not granted. It is seen that the case involves a dishonour of a cheque for Rs.80,000/- and there was no grave mis-conduct or gross negligence on the part of the complainant and therefore I am inclined to grant an opportunity to the complainant. Crl.A. 265 OF 2003 -2- Hence the order of acquittal u/s 256(1) Cr.P.C. is set aside and the learned Magistrate is directed to restore the case back to file and proceed in accordance with law. It is desirable that the complainant takes out notice again to the accused after he enters appearance on 10.7.2009. M.N. KRISHNAN, JUDGE. ul/- Crl.A. 265 OF 2003 -3- M.N. KRISHNAN, J. = = = = = = = = = = Crl.A. No. 265 OF 2003 = = = = = = = = = = = J U D G M E N T 2nd June, 2009