IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 14TH NOVEMBER 2007 / 23RD KARTHIKA 1929 CRL.A.No. 1361 of 2003() ------------------------ AGAINST THE ORDER IN CRLP.259/2003 Dated 07/08/2003 ST.154/1998 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... APPELLANT: COMPLAINANT: ----------------------- ALASSERY PRABHAKARAN, S/O. BALAKRISHNAN NAIR, DEVAKI NIVAS, ANDIYURKUNNU AMSOM, PULIKKAL. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: ------------- 1. V.P. VIJAYAN, S/O. KRISHNAN, PUTHIYETH PARAMBA HOUSE, POST CHEDEMBRA, TIRURANGADI TALUK. 2. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.1361 of 2003(B) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 14th day of November, 2007 J U D G M E N T The appellant is the complainant in S.T.No.154/1998 in the file of the Chief Judicial Magistrate, Manjeri, with respect to the proceedings initiated under Section 138 of the Negotiable Instruments Act. The accused was acquitted under Section 256(i) of the Code of Criminal Procedure. It is submitted that the lapse was occasioned on account of wrong noting of the posting date. In the circumstances, the order of acquittal is set aside. The court below is directed to permit the appellant/complainant to further pursue the matter and dispose of the case on merits. The appellant shall appear before the court below on 03/12/2007. The court below shall issue fresh summons to the accused. The appeal is allowed. Sd/- K.R.UDAYABHANU, Judge ms \\True Copy// P.A.to Judge