IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 CRL.A.No. 696 of 2003(A) --------------------------------------- CC.1089/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... APPELLANT(S): ----------------------- SARAH JACOB, D/O. JACOB C.MATHEW, H.NO.34/691, KARUVELIL ROAD, MAMANGALAM, PALARIVATTOM P.O., COCHIN - 25, REP.BY HER FATHER AND POWER OF ATTORNEY HOLDER MR.JACOB C.MATHEW BY ADV. MR.ALEXANDER PETER RESPONDENT(S): ------------------------ 1. M/S.THOMSON TIMBER PRODUCTS PVT.LTD., KUMBANAD P.O., PIN-689 547, REP.BY ITS MANAGING DIRECTOR MR.P.T.THOMAS. 2. MR.P.T.THOMAS, MANAGING DIRECTOR, M/S.THOMSON TIMBER PRODUCTS PVT.LTD., KUMBANAD P.O., PIN - 689 547. 3. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SMT.A.C.DEVY FOR R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NO.696 OF 2003 ------------------------------ Dated this the 1st day of July, 2009 JUDGMENT This is an appeal preferred against the order of acquittal passed in a section 138 case under Section 256(1) of the Criminal Procedure Code. The accused was acquitted on the ground of non-representation and non-presence of the complainant. It is averred that the power of attorney holder, who was conducting the case, was away from India and because it is impossible for him to personally appear before the court and though a proper representation was done, time was not granted. I feel, there is no gross misconduct or negligence to deny an opportunity to the complainant. Therefore, the order of acquittal under Section 256(1) 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 adduce both oral and documentary evidence in respect of their respective contentions. The parties are directed to appear before the court below on 19.8.2009. M.N. KRISHNAN, JUDGE 2 M.N. KRISHNAN, J. --------------------------- CRL.A.NO.696 OF 2003 ------------------------------ 1st day of July, 2009 JUDGMENT