IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1583 of 2003()
1. CHINDAMANI OFFSET PRINTERS, REPRESENTED
... Petitioner
Vs
1. R.K.VISWAKARMESWARA MUNI, JYOTHISHA
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.P.NARAYANAN KUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/06/2009
O R D E R
M.N. KRISHNAN, J.
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Crl. Appeal NO. 1583 OF 2003
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Dated this the 5th day of June, 2009.
J U D G M E N T
This appeal is preferred against the order of acquittal in
C.C.709/01 of the Judicial First Class Magistrate-III, Thrissur.
It was an action u/s 138 of the N.I.Act. It has ended in
acquittal u/s 256(1) Cr.P.C. on account of the absence of the
complainant.
2. Heard the learned counsel for the complainant. It
is submitted that the complainant was regularly appearing
before the Court and he had also made an application on the
eventful day. There was no representation which has resulted
in the disposal of the case. It is submitted that there was no
deliberate evasion of presence before Court. Taking into
consideration the nature of materials I am inclined to grant an
opportunity. Therefore the order of acquittal u/s 256(1)
Cr.P.C. is set aside and the learned Magistrate is directed to
restore the case back to file and dispose of the matter in
accordance with law.
M.N. KRISHNAN, JUDGE.
ul/-