A M VASUDEVAN Vs. V P HARIDASAN

JUDGEMENT

(1.) This appeal is filed by the complainant in S.T. No.32 of 2004 on the file of the Special Judicial First Class Magistrate - VI for Marad Cases, Kozhikode against the order of acquittal under Section 256(1) Cr.P.C. dt.6.3.2004. That was a case filed by the complainant against the respondent herein for the offence punishable under Section 138 of the N.I. Act involving a cheque for Rs.10,200/- On 6.3.2004, the complaint was dismissed and the accused was acquitted under Section 256(1) Cr.P.C. as the complainant was absent and there was no representation.

(2.) Heard learned counsel for the appellant.

(3.) Learned counsel for the appellant submitted that the complaint was originally filed by the complainant before the Chief Judicial Magistrate Court, Kozhikode on 23.1.2004 and the case was adjourned to 28.2.2004 for taking sworn statement. The learned counsel for the appellant submitted that on 28.2.2004 the complainant and his counsel were present before the Chief Judicial Magistrate Court, but the case was not called. On enquiry, it was found from the Court diary that the matter was already transferred to another Magistrate Court. When the case was called before the Special Judicial First Class Magistrate - VI for Marad Cases on 28.2.2004 there was no representation for the complainant and the learned Magistrate adjourned the case to 6.3.2004 for disposal. On 6.3.2004 also there was no representation for the complainant and therefore the complaint was dismissed and the accused was acquitted under Section 256(1) Cr.P.C.