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A.E.PARAMESWARAN, S/O.LATE v. CHERIYANDY BABU, S/O.LATE M.K.KANNAN - CRL A No. 790 of 2006  RD-KL 2978 (9 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCRL A No. 790 of 2006()
1. A.E.PARAMESWARAN, S/O.LATE
1. CHERIYANDY BABU, S/O.LATE M.K.KANNAN,
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent :SRI.B.RADHAKRISHNA PILLAI
The Hon'ble MR. Justice J.M.JAMES
O R D E R
J.M.JAMES, J.Crl.A.790/2006 (A) Dated this the 9th day of February, 2007
The complainant is the appellant. He preferred a complaint, under Section 138 of the Negotiable Instruments Act, in short 'the Act', before the Judicial Magistrate of First Class-II, Kannur. It was dismissed through the impugned order dated 9.11.2005 by the Court below, on the ground that the complainant and his counsel were absent. Hence this appeal, after obtaining special leave.
2. The counsel for the appellant submits that the case before the Court below, was adjourned through notification and the appointed date was noted wrongly by the clerk of the advocate. Therefore, the counsel and the complainant could not be present on that day.
3. After considering the materials on record, I find it necessary to give an opportunity to both sides to appear before the Court below and adduce evidence to Crl.A.790/2006 2 establish their respective contentions.
4. In the above facts situation, I set aside the impugned order dated 9.11.2005 and restore S.T.C.No.6422/2004 to the file of the Judicial Magistrate of First Class-II, Kannur. The learned Magistrate shall dispose of the same at the earliest, in any case within three months from the date of appearance of the parties before that Court.
5. The parties shall appear before the Court below on 13.3.2007. The appeal is allowed as above. J.M.JAMES
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