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. 512 of 1999() ----------------------- CC.203/1998 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... APPELLANT: COMPLAINANT ------------------------------------------ GOPINATHAN, ANIL NIVAS ERAVIPURAM, KOLLAM. BY ADV. SRI.S.SREEKUMAR RESPONDENT: ACCUSED --------------------------------- AJAYAN, NUMBERVIKALA KIZHAKKEDATHU THEKKATHIL ALIMKADAVU P.O., KARUNAGAPPALLY KOLLAM DISTRICT. 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.512 of 1999 --------------------------------------------- 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 as the complainant was not present. 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