IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 28TH JUNE 2007 / 7TH ASHADHA 1929 CRL.A.No. 566 of 2000() ----------------------- CC.804/1999 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... APPELLANT: COMPLAINANT ---------------------------------------- MRS. CHANDRIKA GOPAL W/O.ARUTHAYIL GOPALAN OLLUR-REPRESENTED BY POWER OF ATTORNEY HOLDER AND SON A.G.SAJEESH, ANCHERY AMSOM. BY ADV. SRI.M.S.UNNIKRISHNAN RESPONDENTS: ACCUSED ------------------------------------- 1. JAMES P.PALLISSERY S/O.PALLISSERY PORINCHU NEAR E.S.I. HOSPITAL P.O.THAIKKATTUSSERRY OLLUR VILLAGE, THRISSUR TALUK. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.566 of 2000 --------------------------------------------- Dated this the 28th day of June, 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 of Crl.P.C. as the complainant was absent. 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 30.7.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl