IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 6TH JULY 2007 / 15TH ASHADHA 1929 CRL.A.No. 410 of 1999() ----------------------- STC 1057/1997of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... APPELLANT: COMPLAINANT ---------------------------------------- HI-TECH RE-TREADS, THOTTDA BY ITS MANAGER ABDUL RAHIMAN S/O.O.V.MAHAMOOD, RESIDING AT YAMAMA, THANA KANNUR-11. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT: ACCUSED ------------------------------------ K.VELAYUDHAN, BUS OPERATOR JUBILEE SQUARE SHOPPING COMPLEX HOSPITAL ROAD, THALASSERY. BY ADV. PARTY THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.410 of 1999 --------------------------------------------- Dated this the 6th 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 8.8.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl