IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 CRL.A.No. 2263 of 2006() ----------------------------------- CC.1780/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM .................... APPELLANT/COMPLAINANT ----------------------------------------- MAJ.LAL VERGHIS, S/O.P.C. VARGHESE, AGED 45 YEARS, M/S.P.C. VARGHESE & CO., ELAMKULAM, ERNAKULAM. BY ADV. MR.T.D.ROBIN MR.P.LEAN JOSE MR.R.ANUP MR.V.DIPU RESPONDENTS/ACCUSED ------------------------------------- 1. VAHIDA, W/O.MR.C.T.ABDUL RAZAK, ZABEDA MANZIL, NEAR R.K.MISSION HIGH SCHOOL, CALICUT. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR R1 BY ADV. MR.MILLU DANDAPANI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2263 OF 2006 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Chief Judicial Magistrate Court, Ernakulam in C.C.1780/02. The accused was acquitted on account of the absence of the complainant. It is seen that a non-bailable warrant was pending against the accused. It is submitted that there was some communication gap with reference to the filing of affidavit and the complainant was not aware of the same. It was not a deliberate absence. I feel indulgence can be shown and an opportunity can be given. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate 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 affording opportunity to both the sides to adduce evidence in support of their respective contentions. Parties are directed to appear before CRL.A.2263/06 -:2:- the court below on 15.7.2009. In case the accused does not appear the complainant is directed to take out notice to the accused. M.N. KRISHNAN, JUDGE. ul/-