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N. ARAVINDAKSHAN NAIR versus A. BALAN

High Court of Kerala

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N. ARAVINDAKSHAN NAIR v. A. BALAN - CRL A No. 1240 of 2006 [2006] RD-KL 142 (7 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1240 of 2006()

1. N.ARAVINDAKSHAN NAIR,
... Petitioner

Vs

1. A.BALAN, VADAKKUMBHAGAM KIZHAKKETHIL
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.B.MOHANLAL

For Respondent : No Appearance

The Hon'ble MR. Justice J.M.JAMES

Dated :07/07/2006

O R D E R

J.M.JAMES, J.

CRL.A. 1240/2006

DATED THIS THE 7TH DAY OF JULY, 2006



JUDGMENT

The complainant, who preferred a complaint, before the Court below, the Judicial Magistrate of First Class-I, Kollam, under Section 138 of the Negotiable Instruments Act, in short 'the Act', faced with the dismissal of the same, on the ground that the complainant was absent. The accused was therefore, acquitted. The same is under challenge, through this appeal, after obtaining leave of this Court.

2. The learned counsel submitted that the date of posting was noted wrongly and therefore, there was no representation on the appointed day. Considering the facts of this case, and also that the complaint is preferred under Section 138 of the Act, I set aside the impugned order and restore C.C.No.1653/2002, to the file of the Judicial Crl.A.1240/2006 2 Magistrate of First Class-I, Kollam.

3. The complainant shall appear before the Court below, on 27.7.2006. The learned Magistrate is directed to issue summons to the accused and on his appearance, to dispose of the complaint, according to the law, at the earliest, starting from the stage at which it was dismissed. The appeal is allowed as above. J.M.JAMES

JUDGE

mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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