GIREESHKUMAR Vs. BIJU S.NAIR

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 04/08/2012 in S.T. Case No.2457 of 2010 of the court of the Judicial Magistrate of the First Class-I, Kollam by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) THE above appeal is filed on the basis of the leave granted by this Court as per order dated 12/10/2012 in Crl.L.P.No.559 of 2012. Considering the facts and circumstances involved in the case and the manner in which I propose to dispose of this appeal, according to me, notice to the respondent can be dispensed with taking care of the interest of the first respondent/accused.

(3.) I have carefully considered the submission of the learned counsel for the appellant and I have also perused the 'B' diary proceedings and the petition filed on behalf of the appellant in the trial court to excuse his absence.