A.Shamsudeen(Died On 8.3.99 And … vs Mrs. Kursheeda Sraj on 25 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 125 of 2002()


1. A.SHAMSUDEEN(DIED ON 8.3.99 AND LR IS
                      ...  Petitioner
2. BUHARI, S/O.SHAMSUDEEN,DO.DO.

                        Vs



1. MRS. KURSHEEDA SRAJ, PROPRIETRIX,
                       ...       Respondent

2. THE PUBLIC PROSECUTOR,

                For Petitioner  :SRI.A.P.CHANDRASEKHARAN (SR.)

                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.125 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. It is submitted by the

complainant that he was not well on the particular day.

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

16.8.2007.

The appeal is allowed.

K.R.UDAYABHANU,
JUDGE

csl