SAFEENA TYRES Vs. K SALEEM

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 since he is aggrieved by the judgment dated 05.05.2004 in S.T.No.1116/2003 of the Judicial First Class Magistrate Court- II, Kozhikode 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 impugned order was passed when coercive steps were pending against the accused as he is absconding. It is the further submission of the counsel that as the amount involved is Rs. 30,000/-, one more opportunity may be given to the appellant to prosecute the matter on merit.