IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 CRL.A.No. 469 of 2008() ----------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.1243/2007 Dated 13/12/2007 ST.1584/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... APPELLANT: COMPLAINANT: ---------------------------------------------- P.K. JOSE, S/O. KURIAN, ATHIKARATHU HOUSE, MYYAMTHOD KARA, THYYAMPAR VILLAGE, PALAKKAD DISTRICT, NOW RESIDING AT MUNDATHANATHU HOUSE, ULLANAD KARA, ULLANAD P.O. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.T.V.VINU RESPONDENTS: STATE & ACCUSED: ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JANARDHANAN, S/O. KUMARA PANIKAR, PERUMBIDIKULAM VEEDU, PULLISSERI KARA, MANNARKAD TALUK, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------- Crl.Appeal.NO. 469 of 2008 --------------------------------- Dated this the 19th day of August, 2008. JUDGMENT The complainant in ST.No.1584/2006 on the files of the JFCM Court, Pala is the appellant herein. The accused was convicted under section 256(1) of the Cr.P.C., finding that the complainant was absent. There was neither an application nor a representation. Learned counsel for the appellant contended, with reference to the order sheet in ST.No.1584/2006 that there does not seem to be a case of consistent default on the part of the complainant. He further contends that the absence of the complainant on 11.6.2007, the date on which the case was posted immediately prior to the date on which the accused was acquitted under section 256(1) and on 21.7.2007 when there was an actual acquittal was because of the omission of the clerk attached to the office of the complainant. The advocate clerk has filed an affidavit affirming these facts. He further points out that this was a case in which there was consistent absence on the part of the accused and proceeding under sections 82 and Crl.A.469 /2008 2 83 of the Cr.P.C. were initiated against him and a non bailable warrant was also issued. 2. Having perused the order sheet as also the affidavit filed by the Clerk attached to the advocate for the complainant before the court below, I am of the view that the complainant is entitled to get another chance. In the result, the order of acquittal is set aside. The complaint is restored to file. The court below is directed to further proceed with ST.No.1584/2006 in accordance with law. The parties are directed to appear before the court below on 13.10.2008. V. GIRI, JUDGE. Pmn/ Crl.A.469 /2008 3