IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 20TH JUNE 2007 / 30TH JYAISHTA 1929 CRL.A.No. 251 of 2000() ----------------------- CC.692/1997 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... APPELLANT: COMPLAINANT ----------------------------------------- SUCHIT BALARAM SALES MANAGER M/S.SAKTHI AUTOMOBILES CALICUT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENT: ACCUSED ---------------------------------- K.R.RAJAN KANNIPURATH CHALIL HOUSE CHERANALLUR. BY PUBLIC PROSECUTOR SRI.DILIP.S. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.251 of 2000 --------------------------------------------- Dated this the 20th day of June, 2007 JUDGMENT The appellant is the complainant who had initiated proceedings under Section 138 of the Negotiable Instruments Act. The accused stands acquitted as the complainant was absent. 2. It is submitted that the lapse was on account of the 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 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 25.7.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl