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HARIKUMAR v. JIGESH SON OF CHANDRAN - CRL A No. 1071 of 2001(C)  RD-KL 12967 (13 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCRL A No. 1071 of 2001(C)
1. JIGESH SON OF CHANDRAN
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice K.R.UDAYABHANU
O R D E R
CRL.A.No.1071 of 2001
Dated this the 13th day of July,2007
ORDERThe 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 the wrong noting of the posting date. 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.
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