Prasad vs State on 7 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.A.No. 1595 of 2009()



1. PRASAD
                      ...  Petitioner

                        Vs

1. STATE
                       ...       Respondent

                For Petitioner  :SRI.VINOD KUMAR.C

                For Respondent  : No Appearance

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

 Dated :07/08/2009

 O R D E R
                      M.N. KRISHNAN, J.
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                Crl.Appeal NO. 1595     OF 2009
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          Dated this the 7th day of August, 2009.

                        J U D G M E N T

This is an appeal preferred against the order of acquittal

passed u/s 256(1) in a case initiated u/s 138 of the Negotiable

Instruments Act. The case ended in acquittal on account of

the absence of the complainant when it was posted for

evidence u/s 299 Cr.P.C. It has to be remembered that the

accused had not entered appearance at all and is an

absconding accused and really no purpose will be served by

the presence of the complainant at various stages. Since the

accused has not entered appearance there is no necessity to

issue notice to the accused in the appeal as well. Therefore it

is dispensed with. I do not find any reason to support the

order of the Magistrate who had acquitted the accused when

the complainant was not present for one or two days. In think

an opportunity has to be given. 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

Crl.A. 1595 OF 2009
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case back to file and proceed in accordance with law. The

complainant is directed to appear before the Court below on

24.9.09 and after entering appearance he has to take further

steps to get the accused served in the case.

M.N. KRISHNAN, JUDGE.

ul/-