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P.N.SATHYAN, PARKUDIYIL HOUSE versus C.S.NATARAJAN, S/O.SANKARAN ACHARI

High Court of Kerala

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P.N.SATHYAN, PARKUDIYIL HOUSE v. C.S.NATARAJAN, S/O.SANKARAN ACHARI - CRL A No. 1297 of 2006 [2007] RD-KL 3314 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1297 of 2006()

1. P.N.SATHYAN, PARKUDIYIL HOUSE,
... Petitioner

Vs

1. C.S.NATARAJAN, S/O.SANKARAN ACHARI,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.BIJU .C. ABRAHAM

For Respondent : No Appearance

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

Dated :14/02/2007

O R D E R

J.M.JAMES, J.


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Crl.A No. 1297 of 2006 (A)
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Dated this the 14th day of February, 2007



J U D G M E N T

The complainant in C.C.No.127/2002 on the file of the Judicial Magistrate of the First Class, Kolencherry, is the appellant. The complaint preferred by the appellant, under Section 138 of the Negotiable Instruments Act, was dismissed for the non appearance of the complainant, on the date when it was posted for taking evidence. Therefore, the complainant preferred this appeal after obtaining leave. Though the notice is served and the service is complete, in respect of the first respondent accused, there is no representation or appearance.

2. After hearing the counsel for the appellant and considering the circumstances submitted by him, I set aside the impugned order, dated 29/11/2005, and restore C.C.No. 127/2002 to the file of the Judicial Magistrate of the First Class, Kolencherry.

3. The appellant shall appear before the court below on 19/03/2007. Crl.No.1297/2006 (A) 2

4. As the respondent accused is not before this Court, coercive steps shall be taken against the first accused and, on his production/appearance, the case shall be disposed of, within two months from that date, as the offence has been committed in the year 2001. Appeal is allowed as above. (J.M.JAMES) Judge ms Crl.No.1297/2006 (A) 3

J.M.JAMES, J.


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Crl.A No. 1297 of 2006 (A)
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J U D G M E N T

14th February, 2007


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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