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. 427 of 2008() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.143/2008 Dated 11/02/2008 CC.243/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... APPELLANT(S): COMPLAINANT: -------------------------- SREE VALSA TUBE CORPORATION, REP.BY PRESENT MANAGER & POWER OF ATTORNEY HOLDER, K.V.VIJAYAKRISHNAN. BY ADV. MR.P.T.JOSE RESPONDENT(S): ACCUSED: ----------------------- 1. T.K. ABDUL AZEEZ, TEEKAY CONSTRUCTIONS ENGINEERING CONTRACTORS K.D. PLOT, P.O. SOUTH KALAMASSERY. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. MR.C.ANILKUMAR (KALLESSERIL) FOR R1 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: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = Crl. Appeal NO. 427 OF 2008 = = = = = = = = = = = = = = = 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 by the Judicial First Class Magistrate-I, Ernakulam in C.C 243/03. A perusal of the order would reveal that as the complainant was not represented and as he was absent the accused was acquitted u/s 256(1) Cr.P.C. The learned counsel would submit that the case was not called during the roll call time and it was not included in the published list and so he thought that it would have been a wrong entry by him in his docket. Whatever it may be, I am inclined to grant him an opportunity. Therefore the Crl.Appeal is allowed and the order of acquittal passed by the learned Magistrate 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 after affording equal opportunity to both the sides to adduce evidence in support of their respective contentions. CRL.A.427/08 -:2:- Parties are directed to appear before the court below on 17.7.2009. In case the accused does not appear the complainant has to take steps to get his presence before the Court. M.N. KRISHNAN, JUDGE. ul/-