IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 43 of 2008()
1. VISHWANATHAN, S/O.VELAYUDHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. MURALEEDHARAN, S/O.ACHUTHAN,
For Petitioner :SRI.RAJIT
For Respondent :SRI.NAGARAJ NARAYANAN
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. 43 OF 2008
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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
passed by the Judl. First Class, Magistrate-I, Thrissur in
C.C.256/06. It was a 138 of Negotiable Instruments Act case
which ended in acquittal on account of the absence of the
complainant. A perusal of the order as well as the
memorandum of appeal would reveal that the case was posted
for evidence as last chance on 16.6.2007. it is seenf rom the
order also that an application for excusing the absence was
filed on the ground that accused was laid up with fever. So it
is a genuine reason and there is no gross negligence or grave
misconduct on the part of the complainant. Therefore 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
Crl. Appeal NO. 43 OF 2008
-:2:-
law after affording equal opportunities to both the sides to
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/-