IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 17TH SEPTEMBER 2007 / 26TH BHADRA 1929 CRL.A.No. 793 of 2002() ----------------------- CC.419/1999 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... APPELLANT: COMPLAINANT ------------------------------------ JOJO FINANCIERS, VADAKKEPARAMBIL HOUSE KARIKODE, THODUPUZHA, REP. BY ITS MANAGING PARTNER, V.M. JOSEPH. BY ADV. SRI.K.R.SUNIL RESPONDENTS: ACCUSED & STATE ---------------------------------------------------- 1. P.B. BAHULEAYAN, HEALTH INSPECTOR K.P. COLONY, MUNIYERUMA P.O., NEDUGANDAM, IDUKKI DIST. 2. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.793 of 2002 --------------------------------------------- Dated this the 17th day of September, 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 the complainant was laid up on that particular date of posting of the case. 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 15.10.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl CRRP235 & 231/1996 Page numbers