IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 CRL.A.No. 1560 of 2007() ---------------------------------- ST.124/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-X, TRIVANDRUM. .................... APPELLANT/COMPLAINANT ---------------------------------------- JAMES FERNANDEZ, T.C 34/824, NEAR AIR CARGO COMPLEX, VALLATHOPE, VALLAKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. MR.THOMAS ABRAHAM RESPONDENTS/ACCUSED 1 TO 3 AND STATE ------------------------------------------------------------------ 1. AIRLINK INDIA LIMITED (REPRESENTED BY ITS DIRECTOR), SRI. SUNADHAN ROY, KTD STREET, 5TH FLOOR, KOLKATA - 700 016. 2. VINOD NAIR, DEPUTY REGIONAL MANAGER, AIR LINK INDIA PRIVATE LIMITED, MINE ROAD, WILLINGTON ISLAND, COCHIN-3. 3. SURESHKUMAR, MANAGER, TRIVANDRUM UNIT, AIR LINK INDIA PRIVATE LIMITED. SHANTHI MITHRAPURAM, ATTUKAL, MANACAUD, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R4 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA R1 BY ADV. MR.SUNIL JACOB JOSE THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 1560 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed by the Judl. First Class, Magistrate-X, Thiruvananthapuram in S.T.124/06. It was a complaint filed u/s 138 of the N.I. Act which ended in acquittal on account of the absence of the complainant. In ground 'E' it is averred that the case was posted on 8.1.07 and it was really adjourned to 25.1.2007 and not to 25.3.2007 as understood by the complainant which disabled him as well as his lawyer to appear before the Court in time. Considering the circumstances, I am inclined to grant an opportunity. Therefore the order of acquittal passed by the learned Magistrate u/s 256(1) of Cr.P.C. is set aside and the learned Magistrate is directed to restore the case back to file and proceed in accordance with law after affording equal Crl. Appeal NO. 1560 OF 2007 -:2:- opportunities to both the sides to produce documentary as well as oral evidence in support of their respective contentions. The complainant is directed to appear before the court below on 27.7.2009 and on his appearance, shall take out summons to the accused. M.N. KRISHNAN, JUDGE. ul/-