IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 CRL.A.No. 2194 of 2008() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.625/2008 Dated 29/08/2008 ST.1275/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOCHI .................... APPELLANT(S): COMPLAINANT ------------------------- M/S.WEST BAKES OVENS PVT.LTD,56/326, 2ND FLOOR,ROHIT CHAMBERS, MANORAMA JUNCTION, ERNAKULAM, KOCHI-16 REP.BY ITS AUTHORISED AGENT SRI.PEARSON FABER, AGED 35, S/O.ANTONY FABER THARAYIL HOUSE, THRIKKAKARA,KOCHI-21. BY ADV. SRI.T.KURIAKOSE PETER RESPONDENT(S): ACCUSED & STATE ------------------------------ 1. N.J.BASURAN, PROPRIETOR, VAYALAVARAM TRADERS, MUZHANGODIKKAVU TEMPLE ROAD, PULIMUKKU, KOTTAYAM-690502. 2. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR. MUHAMMED PUZHAKKARA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. K. HEMA, J ---------------------- Crl.Appeal.No.2194 OF 2008 ----------------------------------- Dated 29th June, 2011 J U D G M E N T This appeal is filed against an order of acquittal under section 256(1) of the Code of Criminal Procedure ('the Code' for short). 2. Appellant is the complainant. He filed a complaint against first respondent alleging offence under section 138 of Negotiable Instruments Act. Case was posted for evidence as last chance and the accused was acquitted under section 256(1) of the Code. 3. Though notice was served on respondent, he did not enter appearance. Heard appellant's counsel. I am satisfied from the impugned order itself that section 256(1) of the Code was invoked on the date on which case was posted for evidence. In the light of the decision reported in 2010 (4) KLT 697 P.V. Joseph Vs. State of Kerala and another, an order passed under section 256(1) of the Code on the date on which it case is posed for evidence is illegal. Hence the order under challenge is Crl.A. No.2194/08 2 unsustainable and the following order is passed: 1. The order under challenge is set aside. 2. The case is remanded to trial court for fresh consideration and disposal, in accordance with law. 3. Parties shall appear before the trial court on 25.7.2011. This appeal is allowed. Sd/- K. HEMA, JUDGE. Sou. // True copy //