FRANK GEORGE Vs. SREEKALA, W/O.JAYAKUMAR

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 14.10.2008 in S.T.No.64 of 2008 of the court of Chief Judicial Magistrate-Thiruvananthapuram, 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 submitted that, after the appearance of the accused on 3.9.2008, the case was adjourned to 3.10.2008 on which date the complainant was absent and therefore the court below ordered a cost of Rs.500.00 to be paid to the accused but that amount was not paid by the complainant and he was absent on 14.10.2008. Therefore, according to the counsel for the respondent, the complainant was negligent in complying with the condition issued by the court below and in appearing before the court and hence no interference is warranted.