IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 30TH JULY 2007 / 8TH SRAVANA 1929 CRL.A.No. 735 of 2001() ---------------------------- ST.3489/1995 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA. .................... APPELLANT: COMPLAINANT --------------- T.R.USHA, D/O.RAGHAVAN, THRITHANI HOUSE, PORATHISSERY, THRISSUR DISTRICT. BY ADV. SRI.RENJITH THAMPAN SMT.P.A.ANITHA RESPONDENTS: ACCUSED ------------------ 1. DR.P.N.PARAMESWARN, MANAGING TRUSTEE, DEVI ACADEMI, I/E ALPPAKKAM ROAD, VADASARAVAKKOM, MADRAS. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R. UDAYABHANU, J. CRL.A.NO.735 of 2001 DATED THIS THE 30th DAY OF JULY 2007 JUDGMENT Appellant is the complainant in S.T.No.3489/95, the proceedings initiated under section 138 of the Negotiable Instruments Act in which the accused was acquitted under section 256(1) Cr.P.C. It is submitted that the the complainant could not appear on the particular date due to the wrong noting of the posting date. 2. In the circumstances, the appeal is allowed. The order of the court below is set aside. The court below is directed to permit the complainant to further pursue the matter and dispose of the case on merits. The complainant shall appear before the JFCM, Irinjalakuda on 30- 8-2007. The court below shall issue fresh summons to the accused. (K.R.UDAYABHANU) JUDGE. kvm/- CRA 2 K.R.UDAYABHANU, J. CRL.A.No.735 of 2001. JUDGMENT 30-7-2007. CRA 3