IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 CRL.A.No. 547 of 2001() ----------------------- CC.69/1995 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... APPELLANT: COMPLAINANT ------------------ K. VINODAN, S/O.BHASKARAN, KUNIYIL HOUSE, NADAKKUTHAZHA AMSOM, MOPPAYIL BY ADV. SRI.K.RAMACHANDRAN SMT.HEMA RAVINDRAN SMT.P.K.BEENA RESPONDENTS: ---------------------- P.T.CHANTHUKUTTY, PATHIYERITHAZHA HOUSE, KAVITHA THEATRE,KURUVANGAD. BY ADV. SRI.K.M.FIROZ THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A. No. 547 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2008. Judgment The complaint filed by the appellant under Section 142 of the Negotiable Instruments Act was dismissed and the accused was acquitted under Section 256(1) of the Code of Criminal Procedure on the ground that the appellant was absent, though the case was posted for trial. 2. Having heard learned counsel for the parties and having perused the materials available on record I am satisfied that the petitioner has to be afforded another opportunity to prosecute the case. 3. Therefore the impugned order is set aside. The learned Magistrate shall take the complaint on file and dispose of the same in accordance with law. Since the complaint is of the year 1995, the court below shall dispose it of as expeditiously as possible at any rate within two months from the date of receipt of a copy of this order. Parties shall appear before the court below on April, 28, 2008. A.K. Basheer Judge. an.