M.T.ASSAINAR Vs. PERUMBA RAHEEM

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 24.9.2009 in S.T.C.No. 1762 of 2007 of the court of the Judicial First Class Magistrate-II, Kannur by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) HEARD the counsel for the appellant and the respondents. I have perused the judgment of the trial court impugned in this appeal.

(3.) ON the other hand, learned counsel for the respondent vehemently submitted that the complainant was negligent in appearing before the court below and the proceedings were initiated against the accused while both the complainant and the accused were in Gulf. Thus, it is the submission of the learned counsel that on 29.8.2009, without any justification, the complainant remained absent and he was not represented by his counsel and therefore, the order impugned requires no interference.