Prabhakaran Pilla vs State on 13 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1103 of 2001()



1. PRABHAKARAN PILLA
                      ...  Petitioner

                        Vs

1. STATE
                       ...       Respondent

                For Petitioner  :SRI.K.SHRIHARI RAO

                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.1103 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 his

illness. 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