IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 12TH JULY 2007 / 21ST ASHADHA 1929 CRL.A.No. 46 of 2001() ---------------------------- CC.325/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... APPELLANT: -------------- S.NOUSHAD, MANAGING PARTNER, M/S.ATTINKARA ELECTRONICS, M.C.ROAD, CHENGANNUR, PIN 689 121. BY ADV. SRI.S.HARIKRISHNAN RESPONDENTS: ------------------ 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SRI.RADHAKRISHNAN, SAKTHI BHAVAN, KEEZHCHERIMEL, CHENGANNUR, PIN 689 121. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R. UDAYABHANU, J. CRL.A.NO.46 of 2001 DATED THIS THE 12th July 2007 JUDGMENT The appellant is the complainant in C.C.No. 325/2000 in the file of the Judicial Magistrate of First Class-I, Chengannur 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 on account of unforeseen events. In the circumstances and considering the nature of the complaint, 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 10-8- 2007. The court below shall issue fresh summons to the accused/respondent. The appeal is allowed. K.R. UDAYABHANU, JUDGE ks. CRA 2 K.R. UDAYABHANU,J. =================== CRL.A.NO.46 of 2001 JUDGMENT 12-7-2007 ====================