M. Gopalan vs A. Mani on 15 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1167 of 2003()


1. M. GOPALAN, S/O. THAMI,
                      ...  Petitioner

                        Vs



1. A. MANI, W/O. KUMARAN, INDIAN
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.V.SURENDRANATH

                For Respondent  : No Appearance

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

 Dated :15/10/2007

 O R D E R
                      K.R.UDAYABHANU, J
                  ---------------------------------------------
                       Crl.A.No.1167 of 2003
                  ---------------------------------------------
             Dated this the 15th day of October, 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

12.11.2007.

The appeal is allowed.

K.R.UDAYABHANU,
JUDGE

csl