Payyil Stores vs State Of Kerala on 6 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 342 of 2001()



1. PAYYIL STORES
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.T.P.VARGHESE

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :06/07/2007

 O R D E R
                        K.R.UDAYABHANU, J
                  ---------------------------------------------
                          Crl.A.No.342 of 2001
                   ---------------------------------------------
                Dated this the 6th 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. 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

8.8.2007.

The appeal is allowed.

K.R.UDAYABHANU,
JUDGE

csl