SURESH Vs. M MURTHY

JUDGEMENT

(1.) THE appellant has challenged the order of acquittal of the respondent for the offence under Section 138 of Negotiable Instrument Act passed by the learned Additional Magistrate in C.C. No.27258/2011.

(2.) THE facts reveals that the appellant approached the Trial Court under Section 200 of Cr.P.C to initiate action against the respondent for the offence punishable under Section 138 of the Negotiable Instrument Act, He had advanced a loan of Rs.4,50,000/ - and for repayment of the same the respondent had issued a cheque which was presented in the bank for encashment and it returned with an endorsement of insufficient funds. The appellant issued notice to the respondent and as there was no compliance of the said demand he approached the Trial Court for initiating action against the respondent for the offence under Section 138 of the Negotiable Instrument Act. The Trial court recorded plea on 17.09.2013 and posted the matter on 03.10.2013 for the evidence and on that date appellant remained absent and counsel was present. The application was filed for exemption and it was granted and the matter was adjourned to 5.11.2013. The appellant submits that he has taken the date of hearing by mistake as 25.11.2013 and therefore did not appear before the Trail Court on the said date. It is in the aforesaid circumstances that the trial court noting the absence of the complainant and the advocate dismissed the case for non -prosecution and granted an order of acquittal.

(3.) I have heard the learned counsel for the appellant and also the learned Counsel for the respondent.