M/S.Business India Hire Purchase vs Abeeda Beevi on 10 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 2155 of 2005()


1. M/S.BUSINESS INDIA HIRE PURCHASE,
                      ...  Petitioner

                        Vs



1. ABEEDA BEEVI, KOIKALATHU HOUSE,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE PUBLIC

                For Petitioner  :SRI.M.K.CHANDRA MOHANDAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :10/06/2009

 O R D E R
                      M.N. KRISHNAN, J.
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                Crl. Appeal NO. 2155     OF 2005
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           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/-