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.
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Crl. Appeal NO. 2687 OF 2008
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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
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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/-
