Saidu vs Varghese on 17 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 764 of 2002()


1. SAIDU, S/O. AMMU, KANNATTUPARAMBIL,
                      ...  Petitioner

                        Vs



1. VARGHESE, S/O. THOMAS, THARAYIL HOUSE,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :17/09/2007

 O R D E R
                       K.R.UDAYABHANU, J
                  ---------------------------------------------
                       Crl.A.No.764 of 2002
                  ---------------------------------------------
             Dated this the 17th day of September, 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 the wrong noting of the posting date.

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

15.10.2007.

The appeal is allowed.

K.R.UDAYABHANU,
JUDGE

csl