K. SUDHAKARAN Vs. JAYAKUMAR

JUDGEMENT

(1.) This appeal is filed against the order dated 20.04.2006 in C.C.No.220/2005 on the file of the Judicial First Class MagistrateIV, Neyyattinkara. The trial court acquitted the accused under Section 256 of Cr.P.C. It is a prosecution initiated by the appellant against the 1st respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that, the accused issued a cheque for Rs.85,000/- and when the cheque was presented it was dishonored. Even after statutory notice the amount is not paid and hence, the complaint is filed.

(3.) When the complaint was posted on several occasions, the complainant was absent. Hence, the learned Magistrate acquitted the accused under Section 256 of Cr.P.C. Aggrieved by the same, this criminal appeal is filed.