IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1267 of 2007()
1. SAMUEL THOMAS, KOONAMKULANGARA GENESIS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SHAMSUDEEN, MANDATHERIL SAJEEL MANZIL,
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent :SRI.RASHEED C.NOORANAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/06/2009
O R D E R
M.N. KRISHNAN, J.
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Crl. Appeal NO. 1267 OF 2007
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Dated this the 11th day of June, 2009.
J U D G M E N T
This appeal is preferred against the order of acquittal in
S.T.473/06 of the Judl. First Class, Magistrate, Mavelikkara in
a 138 N.I. Act case which ended in acquittal on account of the
absence of the complainant. I am not really very happy with
the grounds alleged in the petition but it is seen stated that on
account of some personal inconveniences of the complainant
and due to some unforeseen reason the counsel also were not
able to present before the Court. The Court below has waited
for some time before acquitting the accused. It is desirable
that interest of justice requires an opportunity to be given to
prosecute the case on merits. Considering the circumstances,
I am inclined to grant an opportunity. Therefore the order of
acquittal passed by the learned Magistrate u/s 256(1) of
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 equal opportunities to both the sides to
CRL.A.1267/07
-:2:-
produce documentary as well as oral evidence in support of
their respective contentions. The complainant is directed to
appear before the court below on 28.7.2009 and on his
appearance, shall take out summons to the accused.
M.N. KRISHNAN, JUDGE.
ul/-