K I PAULOSE Vs. S MURALIDHARAN

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 he is aggrieved by the order dated 25.8.2008 in S.T.No. 132 of 2008 of the court of the Judicial First Class Magistrate- II, Ottappalam by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) COUNSEL for the appellant submitted that originally, the case was filed in the Judicial First Class Magistrate Court, Alathur wherein after taking cognizance, S.T.No.872 of 2007 was instituted and thereafter, the case is transferred to the present trial court by order dated 2.4.2008 of the Chief Judicial Magistrate, Palakkad. Thereafter, by proceedings dated 2.8.2008, the learned Magistrate of the present trial court suo motu advanced the case and posted the same to 18.8.2008, on which date the complainant was present, but on that day, neither the counsel for the accused nor the accused was present. Thus, the case was adjourned to 25.8.2008. Counsel submitted that as the complainant has the complaint of low pressure, he could not appear in the court. According to the appellant, as the counsel in the trial court is hailing from Alathur, where the case was originally filed, the understanding was that the complainant would appear before the court on all usual posting dates and thus, the counsel did not appear on 25.8.2008 though it was posted for evidence, since the complainant could not inform his counsel about his ailment. Counsel submits that it was under the above factual background neither the complainant nor his counsel appear before the court below and consequently, the learned Magistrate issued the order. Hence, the counsel submits that one more opportunity may be given to the appellant as the amount involved is Rs.70,000/-.

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