IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 10TH AUGUST 2007 / 19TH SRAVANA 1929 CRL.A.No. 1198 of 2002() ------------------------------ CC.1196/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... APPELLANT: COMPLAINANT --------------- K.M.PRABHAKARAN, S/O. KANDAMPULLY MAKKAPPU KANDANASSERY VILLAGE, CHOWALLUR DESOM. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: ACCUSED & STATE ------------------ 1. SASIKUMAR, S/O. MANAZHI KAMALAKSHMI AMMA EYYAL VILLAGE & DESOM, POST EYYAL. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.1198 of 2002 --------------------------------------------- Dated this the 10th day of August, 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(1) of Crl.P.C. as the complainant was absent. It is submitted that he was out of station for business purposes on that particular date of posting. 2. 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 10.9.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl