K UNNIKRISHNAN Vs. P SASIDHARAN

JUDGEMENT

(1.) This appeal is filed by the complainant in S.T.No. 2891 of 2001 on the file of the Judicial First Class Magistrate Court, Ottapalam against the order of acquittal dt. 26.7.2004. That was a case filed by the complainant against the first respondent for the offence punishable under Section 138 of the N.I. Act. On 26.7.2004, the accused was acquitted under Section 256(1) Cr.P.C. rejecting the application filed by the counsel for the complainant for adjournment.

(2.) Heard learned counsel for the appellant and the learned counsel for the first respondent.

(3.) The learned counsel for the appellant submitted that the complainant could not be present before the court below on 26.7.2004 as he was laid up due to blood pressure and the counsel for the complainant filed an application for adjournment showing this reason. But the learned Magistrate rejected that application. The order under challenge shows that on 26.7.2004 the accused was also absent, but the learned Magistrate allowed his application for exemption.