S.N.PRAJAPATHI versus DHANYA T.S

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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S.N.PRAJAPATHI v. DHANYA T.S - Crl Rev Pet No. 511 of 2007(E) [2007] RD-KL 3632 (19 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 511 of 2007(E)

1. S.N.PRAJAPATHI
... Petitioner

Vs

1. DHANYA T.S.
... Respondent

For Petitioner :SRI.A.BALAGOPALAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :19/02/2007

O R D E R

K.R. UDAYABHANU, J

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CRL. R.P. NO. 511 OF 2007
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Dated this the 19th day of February 2007

O R D E R

The revision petitioner is the complainant who had initiated proceedings under section 138 of the Negotiable Instruments Act which stands dismissed as he happened to be absent on the posting date. It is submitted that the counsel was engaged in another matter in the Subordinate Judges Court and had entrusted the matter to make the required representation with one of his colleagues, who omitted to make the representation.

2. In the circumstances, the order of the court below is set aside. The Chief Judicial Magistrate, Ernakulam is directed to permit the petitioner to further pursue the matter. The revision petitioner shall appear before Chief Judicial Magistrate, Ernakulam on 14.03.2007. The Crl. R.P is allowed accordingly.

K.R. UDAYABHANU, JUDGE.

RV  

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