IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 26TH JUNE 2007 / 5TH ASHADHA 1929 CRL.A.No. 786 of 2000() --------------------------------- CC.176/1998 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM DT.18.5.2000 .................... APPELLANT: COMPLAINANT ------------------ ABRAHAM JESUS, KADIANTHURUTHIL HOUSE, THRIKOTHAMANGALAM P.O., ERAVINALLOOR KARA, PUTHUPPALLY, KOTTAYAM BY ADV. SRI.P.K.BALAKRISHNAN NAIR SRI.V.K.SUNIL RESPONDENTS: ACCUSED ----------------------- 1. C.K.PUNNOOSE, S/O. PUNNOOSE KURIAN CHAKALAKUZHIYIL, NEAR NJANDUKULAM BRIDGE ERICADU KARA, PUTHUPPALLY, (VETTATHU KAVALA VIA) 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.DILIP THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R. UDAYABHANU, J. CRL.A.NO.786 of 2000 DATED THIS THE 20th DAY OF JUNE 2007 JUDGMENT The appellant is the complainant in C.C.No. 176/98 in the file of the Chief Judicial Magistrate Court, Kottayam. The complaint was filed under Section 138 of the Negotiable Instruments Act. The accused was acquitted under Section 256(1) of the Code of Criminal procedure. It is the case of the appellant that on the particular day, he happened to be absent on account of wrong noting of the posting date. In the circumstances, the order of the court below is set aside. The court below is directed to permit the appellant/complainant to further pursue the matter and dispose of the case on its merits. The appellant shall appear before the court below on 30-7-2007. The court below shall issue fresh summons to the accused. The appeal is allowed. K.R. UDAYABHANU, JUDGE ks. K.R. UDAYABHANU,J. =================== CRL.A.NO. 786 of 2000 JUDGMENT 20-6-2007 ====================