IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929 CRL.A.No. 1912 of 2003() ------------------------ AGAINST THE ORDER IN CRLP.402/2003 Dated 24/09/2003 CC.913/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... APPELLANT: COMPLAINANT: ----------------------- SCHOTTKY ELECTRONICS PVT.LTD., 44/1875, ASOKA ROAD, KALOOR, KOCHI-17. BY ADV. SRI.P.V.GEORGE(ONAKKOOR) RESPONDENTS: ACCUSED AND STATE: ------------------------------- 1. BASTIN. L., PROPRIETOR, AMPERETECH, FR. JEROME NAGAR, QUILON-1. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.1912 of 2003(D) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 19th day of September, 2007 J U D G M E N T The appellant is the complainant in C.C.No.913/1999 in the file of the Judicial Magistrate of the First Class-II, Ernakulam, with respect to the proceedings initiated under Section 138 of the Negotiable Instruments Act. The accused was acquitted under Section 256(i) of the Code of Criminal Procedure. It is submitted that the lapse was occasioned due to unavoidable circumstances. In the circumstances, the order of acquittal is set aside. The court below is directed to permit the appellant/complainant to further pursue the matter and dispose of the case on merits. The appellant shall appear before the court below on 17/10/2007. The court below shall issue fresh summons to the accused. The appeal is allowed. K.R.UDAYABHANU, Judge ms