SATHEESH P CHANDRAN Vs. JOHNY THOMAS

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C. No. 804 of 2000 on the file of the Judicial First Class Magistrate Court - II, Thodupuzha. 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. 65,000/- On 18.8.2003, the accused was acquitted under Section 256(1) Cr.P.C. as the complainant was not present in person even after no further time.

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

(3.) The learned counsel for the appellant submitted that when the case was posted for evidence on 18.8.2003, complainant could not be present before the court below as he was laid up due to illness and the complainant filed an application for adjournment through his counsel, which was rejected by the learned Magistrate. t