(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 28.8.2006 in C.C.No.581 of 2005 of the court of Judicial First Class Magistrate-IV, Neyyattinkara, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.
(2.) HEARD the counsel for the appellant. I have perused the judgment of the trial court impugned in this appeal.
(3.) IT is also discernible from the impugned order that, the complainant was represented on the date of the impugned order and an application was filed to excuse his absence.