K.V.Josh Kumar vs Omanakuttan on 13 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 695 of 2001()



1. K.V.JOSH KUMAR
                      ...  Petitioner

                        Vs

1. OMANAKUTTAN
                       ...       Respondent

                For Petitioner  :SRI.M.A.JOSEPH MANAVALAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :13/07/2007

 O R D E R
                     K.R.UDAYABHANU,J
                   ================
                      CRL.A.No.695 of 2001
                   =================
                Dated this the 13th day of July,2007


                          JUDGMENT

The appellant is the complainant who had initiated

proceedings under Section 138 of the Negotiable Instruments

Act which stand dismissed as the complainant was not present.

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 14.08.2007.

The appeal is allowed.

K.R.UDAYABHANU,JUDGE

dvs