K A CHELLAPPAN Vs. SHAJI MADHAVAN

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C.No. 1164 of 2000 on the file of the Chief Judicial Magistrate Court, Ernakulam against the order of acquittal under Section 256 Cr.P.C. dt. 13.8.2004. 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. 25,000/- On 13.8.2004, the accused was acquitted under Section 256 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 learned Chief Judicial Magistrate took cognizance of the offence on 23.6.2000 and the accused entered appearance through counsel on 12.9.2001. The learned counsel for the appellant further submitted that on 29.5.2002 non-bailable warrant was issued against the accused as the accused failed to appear inspite of specific direction. The learned counsel for the appellant submitted that on 16.2.2004 Section 82, 83 Cr.P.C. steps were ordered against the accused and the case was posted for report to 26.7.2004 and thereafter to 13.8.2004. On 13.8.2004, the learned Chief Judicial Magistrate acquitted the accused under Section 256 Cr.P.C. due to the absence of the complainant and his counsel. The learned counsel submitted that the appellant/complainant could not be present before the Court on 13.8.2004 as he was laid up.