IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 CRL.A.No. 403 of 2009 -------------------------------- (CC.NO.199/2006 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA) .................... APPELLANT/ PETITIONER/COMPLAINANT: ------------------------------------------------------------- N.T.JOY, S/O.THOMAS, NEDUMTHULLI HOUSE, THURAVOOR VILLAGE, THURAVOOR, ALUVA, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. MR.M.V.ANANDAN. RESPONDENTS/ ACCUSED: ---------------------------------------- 1. BHUVANENDRA KURUP, C/O.VASU, KALARIKKAL HOUSE, KONDOTTY P.O., CHOVARA, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. C.M. NAZAR. THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. --------------------------- CRL.A.NO.4O3 OF 2009 ------------------------------ Dated this the 15th day of June, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed under Section 256(1) of Cr.P.C in a 138 N.I.Act case in C.C.No.199/2006 of JFCM-II, Aluva. The complainant did not appear before the court and the court therefore acquitted the accused under Section 256(1) Cr.P.C. It is submitted that the absence of the complainant was not intentional and accused did not enter appearance before the court at all. In such circumstance, I am inclined to grant an opportunity. Therefore, the order of acquittal passed under Section 256(1) Cr.P.C is set aside and the learned Magistrate is directed to restore the case back to file and dispose of the matter in accordance with law after affording equal opportunities to both sides to produce documentary evidence and adduce oral evidence in support of their contentions. The complainant is directed to appear before the court below on 1.8.2009 and after his appearance, he shall take out notice to the accused. M.N. KRISHNAN, JUDGE cl 2 CRL.A.NO.403/2009 3 CRL.A.NO.403/2009