IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 24TH SEPTEMBER 2007 / 2ND ASWINA 1929 CRL.A.No. 1731 of 2003 ------------------------ CC.987/1997 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... APPELLANT: COMPLAINANT ---------------------- K.P.SIVASANKARA PILLAI S/O. PADMANBHAN, "SWAPNA", THAVALAKULAM ROAD, KOZHIKODE, REPRESENTED BY POWER OF ATTORNEY C.CHELLAMMA. BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENTS: ACCUSED -------------------- 1. MADHAVADAS S/O. CHEKKUTTY, "DALIYA", PARAYIL POST, POOVATTUPARAMBA, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR MR. C.K. SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R. UDAYABHANU, J. CRL.A.NO.1731 of 2003 DATED THIS THE 24TH SEPTEMBER 2007 JUDGMENT The appellant is the complainant in C.C.No. 987 of 1997 in the file of the Judicial Magistrate of First Class-V, Kozhikode with respect to the proceedings initiated under Section 138 of the Negotiable Instruments Act. The accused was acquitted under Section 256(1) of the Code of Criminal procedure. It is the case of the appellant that on the particular day, he happened to be absent as he was laid up. In the circumstances, the order of the court below 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 25-10-2007. The court below shall issue summons to the accused/respondent. The appeal is allowed. K.R. UDAYABHANU, JUDGE ks. CRA 2 K.R. UDAYABHANU,J. =================== CRL.A.NO.1118 of 2007 JUDGMENT 27-6-2007 ====================