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. 2155 of 2005() ---------------------------------- CC.106/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... APPELLANT/COMPLAINANT. ----------------------------------------- M/S.BUSINESS INDIA HIRE PURCHASE COMPANY LIMITED, NO.62, G.C.D.A. COMPLEX, MARINE DRIVE, KOCHI 31, REPRESENTED BY ITS RECOVERY MANAGER, K.N.KRISHNA PILLAI. BY ADV. MR.M.K.CHANDRA MOHANDAS RESPONDENTS/ACCUSED AND STATE. -------------------------------------------------------- 1. ABEEDA BEEVI, KOIKALATHU HOUSE, THAMALLACKAL SOUTH P.O. HARIPAD, ALAPPUZHA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.C.M. NAZAR 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. 2155 OF 2005 = = = = = = = = = = = = = = = 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 u/s 256(1) Cr.P.C. in a 138 case. It is averred that though the representative of the complainant was available in the premises of the court he could not enter the premises on account of the rush. There was no deliberate intention to evade presence before court. Accepting that argument and in the interest of justice I am inclined to grant 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. The appellant herein is directed to appear before the court below on 14.7.2009 for further directions. M.N. KRISHNAN, JUDGE. ul/-