IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 18TH OCTOBER 2007 / 26TH ASWINA 1929 CRL.A.No. 260 of 2001() ----------------------- CC.114/1996 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... APPELLANT: COMPLAINANT -------------------------------------- N.BHASKARAN NAIR POOVATJUMMOOTTIL HOUSE VARAYANNUR P.O., PULLAD, THIRUVALLA TALUK. BY ADV. SMT.L.SATHY RESPONDENTS: ACCUSED ---------------------------------------- 1. MATHEW PHILIP PUTHUPARAMBIL PULLELETHU MARAMON P.O., THIRUVALLA TALUK. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 18/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.260 of 2001 --------------------------------------------- Dated this the 18th day of October, 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 19.11.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl CRRP235 & 231/1996 Page numbers