IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 CRL.A.No. 2462 of 2006() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.469/2006 Dated 15/09/2006 ST.1372/2005 of JUDL. MAGISTRATE OF FIRST CLASS I, KOTTAYAM .................... APPELLANT(S): COMPLAINANT: ------------------------------------------------- M.C. KURIAN, AGED 70 YEARS, S/O.KURUVILLA CHERIYAN, SHANGRILLA HOUSE, PAMPADY P.O., KOTTAYAM. BY ADV. MR.ANIL S.RAJ, SMT.MANJUSHA MOHANDAS. RESPONDENT(S): ACCUSED & STATE: ---------------------------------------------------------- 1. MR.AMMON K. NIZAM, PROPRIETOR, APPOLLO ENTERPRISES, GURU NIVAS, PANNIKKOTTAPADY, MEENADOM P.O., VELLOOR (VIA), KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2009 ALONG WITH CRA.NO.67 OF 2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NOs. 2462/06, 67, 82, 113 and 154 OF 2007 = = = = = = = = = = = = = = = Dated this the 16th day of June, 2009. J U D G M E N T All these appeals are preferred by the complainant in S.T.1372/05, 1368/05, 1369/05, 1370/05, and 1371/05 of the Judicial First Class Magistrate-I, Kottayam. All these cases were filed u/s 138 of the Negotiable Instruments Act against the respective respondents in the cases and all of them ended in acquittal u/s 256(1) Cr.P.C. for the reason the complainant was absent and there was no representation. It is aggrieved by that decision the appeals has been preferred. A perusal of the memorandum of appeal would reveal that there was a suggestion by the Court to file an application for joint trial in all the cases and it was posted to 23.6.2006. On that day a joint trial application was filed by the accused in some of the cases. Since the complainant thought that joint trial application will be considered and thereafter it will be posted for evidence he did not attend the Court. The Court somehow Crl.A.2462/06 and other connected cases -:2:- or other did not grant any adjournment but acquitted the accused u/s 256(1) Cr.P.C. on the absence of the complainant. I feel reasonable grounds exists for granting an opportunity for the reason that there is no gross negligence or grave mis conduct. Therefore the order of acquittal passed in all these cases are set aside and the Court below is directed to restore the cases back to file and proceed in accordance with law. The complainant shall appear before the court below on 1.8.2009 and thereafter shall take out notice to the accused for their appearance. M.N. KRISHNAN, JUDGE. ul/-