IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 10TH JULY 2007 / 19TH ASHADHA 1929 CRL.A.No. 64 of 2000(A) ----------------------- ST.478/1994 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... APPELLANT: COMPLAINANT -------------- VENUGOPAL , S/O.BHASLARA PILLAI DWARAKA, PRIYADRSHINI JUNCTION PRASANTH NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI SRI.V.PREMCHAND RESPONDENTS: ACCUSED ------------------ 1. RAJEEVAN, S/O.BALAKRISHNAN NAIR, KALLARATHAL VEEDU, VENGANOOR KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R. UDAYABHANU, J. CRL.A.NO. 64 OF 2000 DATED THIS THE 10th July 2007 JUDGMENT The appellant is the complainant in the proceedings initiated under Section 138 of the Negotiable Instruments Act, which happened to be dismissed and the accused is acquitted on the basis of the decision reported in Raj v. Rajan (1997(1)K.L.T.302 on the ground that the notice sent included claim for inerest as well. The above decision is no longer good law in view of the decision of the Division Bench of this Court in Kunjan Panicker v. Christudas, 1997(2) K.L.T.539. In the circumstances, the order of the court below is set aside and the matter is remitted back to the court below for fresh consideration and for disposal on merits. The parties shall appear before the court below on 9-8-2007. K.R.UDAYABHANU, JUDGE ks. -2- K.R.UDAYABHANU, J CRL.A. NO. 64 OF 2000 JUDGMENT 10-7-2007