IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 CRL.A.No. 972 of 2009() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.255/2009 Dated 27/05/2009. CC.30/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), PUNALUR. .................... PETITIONER (S) /COMPLAINANT: ------------------------ M.U.ABRAHAM, MANACKAL HOUSE, MEENATHALODE, ELAMPAL. BY ADV. MR.MANOJ RAMASWAMY RESPONDENT(S): RESPONDENT ----------------------- 1. SHEEBA HASSAN, D/O.YUSUF SAHIB, JAS MANZIL, VALACODU, PUNALUR. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl.L.P. NO. 972 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of August, 2009. J U D G M E N T This appeal has come up for admission. In the special leave petition there was a delay and notice was issued to the accused. He did not appear and therefore special leave was granted. Therefore no separate notice is to be issued again in this appeal. 2. This is an appeal preferred against the order of acquittal passed u/s 256(1) Cr.P.C. in a case initiated u/s 138 of the Negotiable Instruments Act. The complainant, an aged man of 79 years is living in a rescue home and his grievance is that due to some misunderstanding and non communication he could not be present in court. It appears to be a genuine reason and therefore I am inclined to grant him an opportunity. Therefore the Crl.Appeal is allowed and 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 after giving a reasonable Crl.L.P. NO. 972 OF 2009 -:2:- opportunity to both the sides. The complainant is directed to appear before the Court below on 5.10.09. Thereafter he shall take out fresh summons to the accused for his appearance so as to proceed further in the matter. M.N. KRISHNAN, JUDGE. ul/-