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LALITHA versus J.SEBASTIAN

High Court of Kerala

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LALITHA v. J.SEBASTIAN - CRL A No. 330 of 1999 [2006] RD-KL 1505 (1 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 330 of 1999()

1. LALITHA
... Petitioner

Vs

1. J.SEBASTIAN
... Respondent

For Petitioner :SRI.PHILIP ANTONY CHACKO

For Respondent : No Appearance

The Hon'ble MR. Justice J.B.KOSHY

Dated :01/11/2006

O R D E R

J.B. KOSHY, J.

CRL.APPEAL No. 330 of 1999

Dated this the 1st day of November, 2006

Judgment Appellant filed a complaint under section 138 of the Negotiable Instruments Act contending that cheque issued by the first respondent was dishonoured for insufficiency of funds. The accused was acquitted as complainant was absent on one day of posting. On going through the order sheet, it is seen that the complainant was present on all the previous dates of postings, but, the accused was absent, when the case was posted only for the presence of the accused. Presence of the complainant was not absolutely mandatory on that date. In any event, since the complainant was present on all the previous dates of postings and since the appellant has given satisfactory reason for his absence on the date of acquittal of the accused, the impugned order is set aside and the matter is remanded to the trial court for proceeding the case according to law. Since notice was not served on the accused, fresh summons should be issued by the trial court. Appeal allowed by way of remand without Crl.A.No.330/99 2 expressing any opinion regarding the merits of the matter. J.B.KOSHY

JUDGE

vaa

J.B. KOSHY, J.

CRL.APPEAL No.330/99 Judgment

Dated:1st November, 2006


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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