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. 695 of 2001() ----------------------- CC.463/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER/COMPLAINANT: --------------------------------- K.V.JOSH KUMAR, S/o. VISWAMBHARAN, SOBHALAYAM, PANANGAD P.O., KOCHI. BY ADV. SRI.M.A.JOSEPH MANAVALAN RESPONDENTS/ACCUSED: ------------------------------ 1. OMANAKUTTAN, S/o.PETER, CHANIYIL HOUSE, H.NO.424, WARD 9, SHERTHALAI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 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.695 of 2001 ================= Dated this the 13th day of July,2007 JUDGMENT 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 the wrong noting of the posting date. 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