MARY VARGHESE Vs. BIJU A D

JUDGEMENT

(1.) THIS appeal is filed by the complainant in C.C. No. 684 of 2001 on the file of the Addl. Chief Judicial Magistrate Court, Ernakulam against the order of acquittal of the first respondent herein under Section 256 Cr.P.C. dt.12.10.2004. That was a case filed by the complainant against the first respondent herein alleging commission of the offence punishable under Section 138 of the N.I. Act involving a cheque for Rs.40,000/- On 12.10.2004, the learned Addl. Chief Judicial Magistrate acquitted the accused under Section 256 Cr.P.C. due to the absence of the complainant and her counsel.

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

(3.) SINCE the evidence of the complainant was over and the case was posted for defence evidence, the learned Magistrate ought not have acquitted the accused under Section 256 Cr.P.C. for the absence of the complainant and her counsel. In the above circumstances, in the interest of justice that order has to be set aside.