IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 13TH SEPTEMBER 2007 / 22ND BHADRA 1929 CRL.A.No. 1745 of 2003() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.325/2003 Dated 22/08/2003 CC.243/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... APPELLANT: COMPLAINANT. ----------------------------------------- K.T.SHAJI, S/O.THANKAPPAN, KALLELIL HOUSE,VARAPPETTY P.O., KOTHAMANGALAM. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENTS: ACCUSED & STATE. ---------------------------------------------------- 1. C.C.MATHEW, CHETTIKUZHYIL HOUSE, AYANKARA P.O. PAINGOTTUR, POTHANICADU. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.1745 of 2003 --------------------------------------------- Dated this the 13th 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(i) of Crl.P.C. as the complainant was absent. It is submitted that the lapse was on account of the wrong noting of the 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