IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 15TH OCTOBER 2007 / 23RD ASWINA 1929 CRL.A.No. 1143 of 2003() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.156/2003 Dated 01/07/2003 CC.436/1999 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... APPELLANT: COMPLAINANT: ----------------------------------------- K.J. DEVASSY, MANAGING PARTNER, JOSEPH & SONS, SKIN MERCHANT, OLLUR, THRISSUR DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: ACCUSED: --------------------- 1. A. MOHAMMEDALI, C/O. M.A.B.TANNERY, 365, BHAVANI MAIN ROAD, B.P. AGRAHARAM, PIN-638 005, ERODE. 2. A. MOHAMMADALI, THE PARTNER, CASTLE LEAATHER COMPANY, E.N.G. TANNERY, 221 ASOKAPURAM, BHAVANI MAIN ROAD, PIN-638 004, ERODE. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.1143 of 2003 --------------------------------------------- Dated this the 15th day of October, 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(1) of Crl.P.C. as the complainant was absent. It is submitted that the lapse was on account of some unavoidable circumstances 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 12.11.2007. The appeal is allowed. K.R.UDAYABHANU, JUDGE csl