KOLLAM CO-OPERATIVE AGRICULTURAL Vs. VASANTHAKUMARY

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 10.11.2009 in S.T.No.36 of 2008 of the court of Chief Judicial Magistrate-Kollam, 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 I have perused the judgment impugned in this appeal. Though notice was served in the leave petition on the 1st respondent, nobody has turned up and no objection is raised against allowing this appeal. In the light of the manner in which I propose to dispose of this appeal and considering the safeguard proposed to be incorporated in order to save the interest of the accused, I am of the view that, further notice to the 1st respondent/accused can be dispensed with.

(3.) I have carefully considered the submissions made by the counsel for the appellant and I have gone through the judgment impugned in this appeal.