IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES FRIDAY , 7TH DAY OF JULY, 2006/16TH ASHADA, 1928 CRL.A.No. 133 of 2005 ----------------------- CC.25/1998 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... APPELLANT: COMPLAINANT: ----------------------- SHANAVAS, S/O. MOHAMMED, AGED 38 YEARS, RESIDING AT CHENTHARA HOUSE, CHOWARA, THOTTUMUGHOM P.O., ALUVA-683 105. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENTS: ACCUSED: --------------------- 1. K.R. VIJAYAN, (FATHER'S NAME AND AGE NOT KNOWN), RESIDING AT KANJIRATHINKAL HOUSE, KAINTIKKARA, MUPPATHADAM P.O., ALUVA-683 110. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR K.J. GEORGE THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 7/7/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M.JAMES, J. -------------- CRL.A. 133/2005 ------------------ DATED THIS THE 7TH DAY OF JULY, 2006 JUDGMENT The appellant, complainant, before the Judicial Magistrate of First Class-I, Aluva, was absent when his complaint, preferred under Section 138 of the Negotiable Instruments Act, in short 'the Act', was taken up for consideration. It was consequently dismissed and the accused was acquitted. Hence this appeal, on obtaining leave of this Court. 2. The learned counsel submitted that the appellant could not be present before the Magistrate Court, as the date was not promptly informed to him, because of the wrong noting of the date, by the clerk. Though notice was served on the first respondent, accused, there was no appearance from him. 3. In the above fact situation, I set aside the impugned order dated 31.7.2001, and restore C.C.No.25/1998 to the file of the Judicial Magistrate Crl.A.133/2005 2 of First Class-I, Aluva. I direct the appellant to appear before the Court below, on 27.7.2006. To meet the ends of justice, the learned Magistrate shall issue summons to the accused, and on his appearance, shall dispose of the complaint, within three months from the date of the appearance of the accused, before that Court, as the case is of the year 1998. The appeal is disposed of as above. J.M.JAMES JUDGE mrcs