K. P. ABDUL GAFFOOR Vs. RK. ABDURAHIMAN KUTTY

JUDGEMENT

(1.) NO representation for the appellant.

(2.) THIS appeal is preferred challenging the order dated 25.10.2003 in S.T.C.No.2758/2002 of the Judicial First Class Magistrate Court-I, Kannur by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C, in a case instituted upon a complaint preferred by the appellant for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act').

(3.) THUS , the present appeal is filed without obtaining special leave under Section 378(4) of the Cr.P.C, though the challenge is against the acquittal recorded by the trial court under Section 256(1) of the Cr.P.C. as per the very same order, referred above. As the appellant has failed to obtain special leave from this Court, this appeal is not maintainable and in the light of the findings of this Court in Crl.L.P.No.644 of 2008, the appellant/complainant has no case on merit also.