N.K.Ramakrishnan vs M.C.Thomas on 25 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 64 of 2002()


1. N.K.RAMAKRISHNAN S/O.NANU KURUP,
                      ...  Petitioner

                        Vs



1. M.C.THOMAS,ALIAS M.D.THOMAS,
                       ...       Respondent

2. STATE OF KERALA,REPRESENTED BY

                For Petitioner  :SRI.R.SURENDRAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :25/07/2007

 O R D E R
                       K.R.UDAYABHANU, J
                  ---------------------------------------------
                        Crl.A.No.64 of 2002
                   ---------------------------------------------
                Dated this the 25th day of July, 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 16.8.2007.

The appeal is allowed.

K.R.UDAYABHANU,
JUDGE

csl