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. 1298 of 2008(B) ------------------------------------- (C.C. NO.42/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI) ............ APPELLANT/ COMPLAINANT: ------------------------------------------ M/S. GRAND METALS, MARKET ROAD, ERNAKULAM, KOCHI - 35, REPRESENTED BY ITS PARTNER A.BASHEER. BY ADV. MR.PAUL JACOB. RESPONDENT/ ACCUSED: -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.S.PONNAN, CHENCHERIL PARAMBIL, MUNDAMVELI P.O., KOCHI-7. R1 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. 1298 OF 2008 = = = = = = = = = = = = = = = 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 u/s 256(1) Cr.P.C. passed by the Judicial First Class Magistrate-II, Kochi in C.C 42/04. It was a complaint filed u/s 138 of the N.I. Act and a perusal of the proceedings paper would reveal that the accused was present on 19.6.06 and he pleaded not guilty and the case was posted for evidence on the very next day. On that day as the complainant was absent the accused was acquitted u/s 256(1) Cr.P.C. It is quite strange that a case is posted for evidence immediately on the next day after the accused pleads not guilty. The proceedings paper also reveal that there were no sitting on some previous occasions as well. I think the learned Magistrate was little hasty in acquitting the accused u/s 256(1) Cr.P.C. 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 Crl.A.1298 of 2008 -:2:- to both the sides to adduce 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/-