T.Hassainar vs Prasanth Nellianikunnel on 25 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1747 of 2007()


1. T.HASSAINAR, S/O.T.H.BAVA,
                      ...  Petitioner

                        Vs



1. PRASANTH NELLIANIKUNNEL,
                       ...       Respondent

2. STATE OF KERALA REP. BY THE

                For Petitioner  :SRI.K.C.ELDHO

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :25/05/2007

 O R D E R
                            K.R. UDAYABHANU, J

                =================================

                       CRL. R.P. NO.  1747 OF 2007

                =================================

                  Dated this the  25th  day of May 2007




                                   O R D E R

The revision petitioner/complainant, who had initiated

proceedings under Section 138 of the Negotiable Instruments Act, had

sought for condonation of delay of 11 days. The court below

dismissed the application for condonation of delay as the complainant

happened to be absent on the date of posting. It is also noted that no

steps have been taken. It is submitted by the revision petitioner that

there was no regular posting as the case bundle was misplaced and he

was not aware of the proceedings.

2. In the circumstances and considering the stakes involved, the

order of the court below is set aside. The court below is directed to

permit the petitioner to further pursue the matter. The revision

petitioner shall appear before Chief Judicial First Class Magistrate

Court, Ernakulam on 15.06.2007.

The Crl.R.P is allowed accordingly.

K.R. UDAYABHANU, JUDGE.

rv