T.Y.BABY Vs. SJYLESH KUMAR

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 22.11.2008 in C.C.No.46 of 2008 of the court of Judicial First Class Magistrate-II (Forest offences), Punalur, 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 respondent and I have perused the judgment impugned in this appeal.

(3.) ON the other hand, learned counsel for the respondent vehemently submitted that the complainant was negligent in prosecuting the matter. According to the learned counsel, though there was specific postings of the case for the evidence of the complainant on 21.6.2008, 16.7.2008, 4.10.2008 and finally on 22.11.2008, the complainant did not co-operate with the trial and was negligent in appearing before the court and in adducing evidence and therefore no interference is warranted.