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K.T.Francis vs P.Y.Paulson on 16 June, 2009

Kerala High Court
K.T.Francis vs P.Y.Paulson on 16 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 2687 of 2008()


1. K.T.FRANCIS, S/O. THOMAS,
                      ...  Petitioner

                        Vs



1. P.Y.PAULSON, S/O. YESUDASAN,
                       ...       Respondent

2. THE STATE OF KERALA REP. BY PUBLIC

                For Petitioner  :SRI.DINESH MATHEW J.MURICKEN

                For Respondent  : No Appearance

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

 Dated :16/06/2009

 O R D E R
                       M.N. KRISHNAN, J.
               = = = = = = = = = = = = = = =
               Crl. Appeal NO. 2687      OF 2008
               = = = = = = = = = = = = = = =
           Dated this the 16th 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, Thrissur in S.T.

4072/05 in a 138 of Negotiable Instruments Act case. It is

seen from the memorandum of appeal that the case was

posted for evidence on 15.7.2008 and in spite of the fact that

an application was moved to excuse the absence of the

complainant the Court was not prepared and therefore it

ended in acquittal u/s 256(1) Cr.P.C. The method adopted by

the trial court is not proper and it has really resulted in mis-

carriage of justice and therefore the order of acquittal passed

u/s 256(1) Cr.P.C. is set aside and the Court below 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. Appeal NO. 2687 OF 2008
-:2:-

The complainant is directed to appear before the court below

on 1.8.2009. The complainant is also directed to take out

notice to the accused if he enters appearance on that date.

M.N. KRISHNAN, JUDGE.

ul/-

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