IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 4TH JULY 2007 / 13TH ASHADHA 1929 CRL.A.No. 83 of 2001() ---------------------- CC.2019/1999 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT: ----------- S.KRISHNA KUMAR, PARVATHEEYAM KULATHARA, KALADI, KARAMANA, THIRUVANANTHAPURAM BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. RAMADAS, PROPRIETOR, SAGAR ELECTRICALS MANICKYAM BUILDINGS, CHOORAKKATTUPALAYAM CHALAI P.O., THIRUVANANTHAPURAM 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.83 of 2001 --------------------------------------------- Dated this the 4th day of July, 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. 2. It is submitted that the lapse was on account of the wrong noting of the posting date. 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 3.8.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl