IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 6TH NOVEMBER 2007 / 15TH KARTHIKA 1929 CRL.A.No. 1259 of 2003() ------------------------ CC.307/2000 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... APPELLANT: COMPLAINANT ---------------------------------------- M.RAMACHANDRA BHAT, S/O.VISHNU BHAT, AGRICULTURIST, RESIDING AT DALIKUKKU HOUSE, PAIVALIKE, BAYAR, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: ACCUSED & STATE --------------------------------------------------- 1. RADHAKRISHNA BHAKTA, S/O. DEVADASA BHAKTA, CANARA OIL MILL, ARYAPU VILLAGE, SAMPYA, PUTHUR, KARNATAKA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.1259 of 2003 --------------------------------------------- Dated this the 6th day of November, 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 3.12.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl