V K GOPINATHAN NAIR Vs. T R BALAKRISHNAN

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C.No. 1365 of 2003 on the file of the Judicial First Class Magistrate Court, Kothamangalam againstthe order of acquittal dt. 21.2.2004. That was a case filed by the complainant against the first respondent for the offence punishable under Section 138 of the N.I. Act involving a cheque for Rs. 2 lakhs. On 21.2.2004, the accused was acquitted under Section 256(1) Cr.P.C. as the complainant was not present either in person or by pleader.

(2.) Heard learned counsel for the appellant and the learned Public Prosecutor.

(3.) The learned counsel for the appellant submitted that the complainant was present on several posting dates after the posting of the case for evidence.The learned counsel for the appellant submitted that the complainant and his counsel noticed the posting date as 29.2.2004 instead of 21.2.2004. The learned counsel submitted that the accused was also absent on 21.2.2004.