IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 28TH JUNE 2007 / 7TH ASHADHA 1929 CRL.A.No. 554 of 2000() ----------------------- ST.1812/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... APPELLANT: ----------- C.P.UDAYAN S/O CHEMBANADAN PANICKER THAMBANKADAVU DESOM, THALIKKULAM VILLAGE CHAVAKKADU TALUK, THRISSUR DISTRICT BY ADV. SRI.S.K.MURALEEDHARA KAIMAL RESPONDENTS: ------------- 1. RAMACHANDRAN S/O PAINOOKKARAN KESAVAN KANDASSAM KADAVU, MANALUR VILLAGE THRISSUR TALUK, THRISSUR DISTRICT 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.A.No.554 of 2000 --------------------------------------------- Dated this the 28th day of June, 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. 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