IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 CRL.A.No. 192 of 2009() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.1838/2008 Dated 18/12/2008 CC.267/2006 of JUDL. FIRST CLASS MAGISTRATE COURT-VI, ERNAKULAM. .................... PETITIONER(S):/ COMPLAINANT --------------------------- ANAND S., S/O. DR.V.K.SAHAJANANDAN, XXXVI/1104, JUDGES AVENUE, KALOOR , KOCHI 682 017, BY ADV. MR.PAUL K.VARGHESE RESPONDENT(S): ACCUSED -------------------------- 1. DHIL RAVEENDRAN, SLT- INDIA, 35/35C, KUDIYIRICKAL BUILDINGS, N.H. ROAD, OPPOSITE FEDERAL BANK LTD., PALARIVATTOM , KOCHI 25. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.K.A.JALEEL R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.Appeal NO. 192 OF 2009 = = = = = = = = = = = = = = = Dated this the 13th day of August, 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 C.C.267/06 of Judicial First Class Magistrate-VI, Ernakulam. On 23rd April, 2008 as the complainant absent and as there was no representation the accused was acquitted u/s 256(1) Cr.P.C. A certified copy of the proceeding paper is made available before me. The case was pending before the Judicial First Class Magistrate-I, Ernakulam. On 16.4.2008 an endorsement is seen that it has been made over by the Chief Judicial Magistrate Court to the Judicial First Class Magistrate-VI and the parties were directed to appear before the Judicial First Class Magistrate-VI on 17.4.2008. The proceeding paper does not reveal anything that had transpired on 17.4.2008 which indicates that the case has not been called by the transferee court on that date. On 18.4.2008 as there was no representation for the complainant as well as the accused, the case was posted on 23.4.2008. On Crl.A. 192 OF 2009 -2- 23.4.2008 both the complainant and the accused were absent but there was an application for the absence of the accused but not the complainant. Therefore the court acquitted the accused u/s 256(1) Cr.P.C. It has to be remembered that there was no necessity for such a hurry in a case which involves Rs.9,50,000/-. The case was transferred from one court to other court and on the date when the parties were asked to be present, the case was not called. The Court should also understand the difficulties of the lawyers as well as the clients. A lawyer cannot be always on the veranda of the Court to find out the posting date of a particular case when a case is not called on the date when it is posted. Mistakes may happen to Court but it should be more magnanimous since the Courts are invested with the duty of rendering justice to the people. I am not happy with the way in which the learned Magistrate has acquitted the accused. Therefore 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. The complainant is Crl.A. 192 OF 2009 -3- directed to appear before the Court below on 23.9.09 and thereafter take out fresh notice to the accused for his appearance so that the matter can be disposed of in accordance with law. M.N. KRISHNAN, JUDGE. ul/-