FOSTER FOODS (PVT) LTD Vs. SANTHOSH J KAIMAL

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant as it is aggrieved by the order dated 22.2.2007 in C.C.No.650 of 2005 of the court of the Judicial First Class Magistrate-I, Thrissur by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) COUNSEL for the appellant submitted that the appellant/complainant is represented by a lady being the Managing Director and because of that, an officer was authorised to represent the complainant in the court, but that officer could not appear before the court as he was laid up. It is the further submission of the learned counsel that though the complainant was absent, the counsel for the complainant was present who sought for an adjournment, but the leaned Magistrate did not allow the same as no application was filed. Therefore, the counsel submits that there is no negligence on the part of the appellant and one more opportunity may be given to prosecute the matter as the cheque in question covers an amount of Rs.64,401/-. 2. I have heard counsel for the appellant and I have perused the judgment.

(3.) THIS Criminal Appeal is disposed of as above.