IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 CRL.A.No. 2015 of 2005 --------------------------------- ST.NO.443/2005 OF JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... APPELLANT/COMPLAINANT: ----------------------------------------- K.S.SIVADAS, PALLATH PARAMBIL HOUSE, PONJIKKARA, MULAVUKAD P.O. 682 504. BY ADVS. MR.P.R.JAYAKRISHNAN, MR.A.BIJU MANOHAR. RESPONDENTS/ ACCUSED AND STATE: ---------------------------------------------------------- 1. T.S.PRAKASAN, THERUVIPARAMBIL HOUSE, MULAVUKAD NORTH, MULAVUKAD P.O. 682 504. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR. C.M. NAZAR. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 2015 OF 2005 = = = = = = = = = = = = = = = Dated this the 12th day of June, 2009. J U D G M E N T This appeal is preferred against the order of acquittal passed u/s 256(1) Cr.P.C. in a case under Section 138 of the Negotiable Instruments Act. It is averred that the case was originally filed before the Chief Judicial Magistrate Court which was transferred to the Judicial First Class Magistrate-II, Kochi which was numbered as S.T.443/05 but unfortunately the clerk attached to the complainant's advocate took the date as 7.7.05 which resulted in the non appearance of the complainant and his counsel on 13.6.2005. I feel it is a case where an opportunity can be given as there is no gross negligence or misconduct. Therefore the order of acquittal passed u/s 256(1) 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 opportunity to both the sides to adduce evidence in support of their CRL.A.2015 OF 2005 -:2:- respective contentions. The complainant is directed to appear before the court below on 28.7.2009 and on his appearance shall take out summons to the accused. M.N. KRISHNAN, JUDGE. ul/-