D K MADHAVAN Vs. KANOTH PREMARAJAN

JUDGEMENT

(1.) THIS appeal is filed by the complainant against the order of acquittal of the accused under Section 256 Cr.P.C. dt.29.12.2003 in S.T.C. No. 138 of 2003 on the file of the Judicial First Class Magistrate Court -I, Kannur. The first respondent herein was the accused in that case, which was filed against the accused alleging commission of the offence punishable under Section 138 of the N.I. Act involving a cheque for Rs.75,000/- On 29.12.2003, the learned Magistrate dismissed the complaint and acquitted the accused under Section 256 Cr.P.C. on the ground that the complainant was absent.

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

(3.) ON perusing the lower court records it is seen that the on 29.12.2003 the complainant was present before the court below and he filed C.M.P.No. 5939 of 2003 for adjournment of the case for two weeks as his counsel was hospitalised. Therefore the learned Magistrate is not justified in dismissing the complaint and acquitting the accused under Section 256 Cr.P.C. on the ground that the complainant was absent.Therefore, in the interest of justice that order has to be set aside.