IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 CRL.A.No. 1937 of 2003() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.555/2003 Dated 18/11/2003 CC.255/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II,ALAPPUZHA .................... APPELLANT: COMPLAINANT ------------------------------ V. RAJAN BABU, CHIRATHARA VEEDU, KARIKKADU.P.O, THANNERMUKKAM. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: ACCUSED -------------------- 1. S. PEETHAMBARAM, PADMA VILAS, C.M.C 2, CHERTHALA.P.O, PIN - 688 524 (VEHICLE SUPERVISOR) K.S.R.T.C BUS STAND, CHERTHALA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.1937 of 2003 --------------------------------------------- Dated this the 25th 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 25.10.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl