JAYANANDAN S Vs. SUSAN JIMMY

JUDGEMENT

(1.) THIS appeal is filed by the complainant in S.T. No. 285 of 2000 on the file of the Chief Judicial Magistrate Court, Palakkad against the order of acquittal of the accused under Section 256(1) Cr.P.C. dt. 16.10.2003. Respondents 1 and 2 herein are accused 1 and 2 in that case, which was filed by the complainant alleging commission of the offence under Section 138 of the N.I. Act involving a cheque for Rs. 1 lakhs.

(2.) THE learned counsel for the appellant submitted that when the case was posted for trial on 16.10.2003, the appellant/complainant could not be present in court as he was laid up and the counsel for the complainant filed a petition for excusing the absence of the complainant. THE learned Chief Judicial Magistrate dismissed that petition and the accused were acquitted under Section 256(1) Cr.P.C.

(3.) ACCORDINGLY this appeal is allowed and the order of acquittal under Section 256(1) Cr.P.C. in S.T.No. 285 of 2000 on the file of the Chief Judicial Magistrate Court, Palakkad is set aside and the learned Chief Judicial Magistrate is directed to proceed with the trial of the case in accordance with law. Both parties are directed to appear before the concerned Court on 15.12.2010 for further proceedings.