IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 17TH AUGUST 2007 / 26TH SRAVANA 1929 CRL.A.No. 573 of 2000() ----------------------- CC.87/2000 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... APPELLANT: ----------- ACHUTHAN PILLAI, THUNDAYYATHU VEEDU, RAMAPURAM MURI, KEERIKKADU VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENTS: ------------- 1. GOPINATHA KURUP, KOIKKAL VEEDU, PULLIKKANAKKU MURI, KAYAMKULAM VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.573 of 2000(C) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 17th day of August, 2007 J U D G M E N T The appellant is the complainant in C.C.No.87/2000 in the file of the Judicial Magistrate of the First Class, Kayamkulam, with respect to the proceedings initiated under Section 138 of the Negotiable Instruments Act. The accused was acquitted under Section 256(1) of the Code of Criminal Procedure. It is submitted that the lapse was occasioned on account of the wrong noting of the posting date. In the circumstances, the order of acquittal is set aside. The court below is directed to permit the appellant/complainant to further pursue the matter and dispose of the case on merits. The appellant shall appear before the court below on 18/09/2007. The court below shall issue fresh summons to the accused. The appeal is allowed. K.R.UDAYABHANU, Judge ms K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.573 of 2000(C) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J U D G M E N T 17th August, 2007