IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 26TH SEPTEMBER 2007 / 4TH ASWINA 1929 CRL.A.No. 2102 of 2003() ------------------------ CC.36/2002 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... APPELLANT: COMPLAINANT ---------------------- M.N.RADHAKRISHNAN, INTERNATIONAL AIR TRAVELS, OPPOSITE SIDE OF MUSLIM SCHOOL, VETTIPURAM ROAD, PATHANAMTHITTA. BY ADV. SRI.D.PREM KAMATH RESPONDENTS: ACCUSED AND STATE ------------------------------ 1. RENUKA BHAI, ARUN BHAVAN, POOZHIKKAD P.O., PANDALAM. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.2102 of 2003 --------------------------------------------- Dated this the 26th day of September, 2007 JUDGMENT The appellant is the complainant who had initiated proceedings under Section 138 of the Negotiable Instruments Act. The accused stands acquitted under Section 256(1) of Crl.P.C. as the complainant was absent. It is submitted that the lapse was on account of the wrong noting of the posting date. 2. In the circumstances, the order of the court below is set aside. The court below is directed to permit the appellant to further proceed with the matter and dispose of the case on merits. The court below shall issue fresh summons to the accused. The appellant shall appear before the court below on 29.10.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl