Judgment · High Court · 2007
Case at a glance
Provisions considered
Judgment
K.R.UDAYABHANU, J.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.A.No.1379 of 2003(C)~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~Dated this the 14th day of November, 2007J U D G M E N TThe appellant is the complainant in C.C.No.281/2000 in thefile of the Judicial Magistrate of the First Class-III,Neyyattinkara, with respect to the proceedings initiated underSection 138 of the Negotiable Instruments Act. The accused wasacquitted under Section 256(i) of the Code of CriminalProcedure. It is submitted that the lapse was occasioned onaccount of wrong noting of the posting date.In the circumstances, the order of acquittal is set aside. The court below is directed to permit the appellant/complainantto further pursue the matter and dispose of the case on merits. The appellant shall appear before the court below on03/12/2007. The court below shall issue fresh summons to theaccused. The appeal is allowed.Sd/- K.R.UDAYABHANU, Judgems\\True Copy//P.A.to Judge
Questions this judgment answers
Which statutory provisions did this judgment involve?
Negotiable Instruments Act, 1881 — s. 138.
Which court decided this case, and when?
Kerala High Court, on 14 Nov 2007. The bench was K R UDAYABHANU.
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