M/S.Benhur Trades And … vs Mrs.Latha Mathew on 15 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 408 of 2005()


1. M/S.BENHUR TRADES AND INVESTMENTS PVT.
                      ...  Petitioner

                        Vs



1. MRS.LATHA MATHEW,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  : No Appearance

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

 Dated :15/06/2009

 O R D E R
                      M.N. KRISHNAN, J.
                    ---------------------------
                     CRL.A.NO.408 OF 2005
                    ------------------------------
              Dated this the 15th day of June, 2009

                           JUDGMENT

Admitted.

This appeal is preferred against the order of

acquittal passed under Section 256(1) of Cr.P.C in a 138

N.I.Act case. It was done on account of the absence of the

complainant and failure of proper representation. The learned

counsel submits before me that the accused had not entered

appearance before the court and it was at the stage before

the appearance, the case had ended in acquittal. Therefore, I

feel that no notice need be issued to the respondent at this

stage. It is submitted that there was a transfer of case from

one court to another without giving notice and that was

resulted in the non-appearance. Considering the circumstances,

I am inclined to grant an opportunity. Therefore, the order of

acquittal passed under Section 256(1) Cr.P.C is set aside. The

learned Magistrate is directed to restore the case back to file.

The complainant is directed to appear before the court below

2
CRL.A.NO.408/05

on 29.7.2009 and thereafter take out notice to the accused.

M.N. KRISHNAN, JUDGE

cl

3
CRL.A.NO.408/05