IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 13TH JULY 2007 / 22ND ASHADHA 1929 CRL.A.No. 1103 of 2001() ------------------------ CC.1583/1998 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... APPELLANT/COMPLAINANT: --------------------------------- PRABHAKARAN PILLA, THONIPPALLATH PUTHEN VEEDU, KIZHAKKE KADUNGALLUR, ALUVA. BY ADV. SRI.K.SHRIHARI RAO RESPONDENTS/ACCUSED: ------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.N.SIVADAS, KADAYAPPILLY VEEDU, KIZHAKKE KADUNGALLUR, ALUVA. BY PUBLIC PROSECUTOR SRI. C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU,J ================ CRL.A.No.1103 of 2001 ================= Dated this the 13th day of July,2007 ORDER The appellant is the complainant who had initiated proceedings under Section 138 of the Negotiable Instruments Act which stand dismissed as the complainant was not present. 2. It is submitted that the lapse was on account of his illness. 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 14.08.2007. The appeal is allowed. K.R.UDAYABHANU,JUDGE dvs