IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 25TH JUNE 2007 / 4TH ASHADHA 1929 CRL.A.No. 12 of 2000() ---------------------- CC.702/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... APPELLANT: COMPLAINANT ----------------------------------------- BAI, D/O.AMMALU KUNNUVILA VEEDU, ARUMANA KUMPODE DESOM, VELLAMCODE VILLAGE VILAVINCODE TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: ACCUSED AND STATE ------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. K.G.GEORGE, S/O.K.M.GEORGE KOCHUPURAKKAL VEEDU, AMBOORI KOVILLOOR DESOM, NEYYATTINKARA TALUK. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.12 of 2000 --------------------------------------------- Dated this the 25th day of June, 2007 JUDGMENT The appellant is the complainant who had initiated proceedings under Section 138 of the Negotiable Instruments Act which stands dismissed under Section 256(1) 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