IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL A No. 1071 of 2001(C) 1. HARIKUMAR ... Petitioner Vs 1. JIGESH SON OF CHANDRAN ... Respondent For Petitioner :SRI.RAJIT For Respondent : No Appearance The Hon'ble MR. Justice K.R.UDAYABHANU Dated :13/07/2007 O R D E R K.R.UDAYABHANU,J ================ CRL.A.No.1071 of 2001 ================= Dated this the 13th day of July,2007 ORDER
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.