P KUNHAPPA NAMBIAR Vs. REGHUNATHAN S/O NARAYANAN

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 of acquittal recorded by the trial court under Section 256(1) of the Code of Criminal Procedure.

(2.) LEARNED counsel for the appellant submitted that the cheque in question covers an amount of Rs. 2 lakhs and the complainant was prosecuting the matter effectively, but he could not appear before the court below on 19.9.2007 as he was laid up due to viral fever. It is also the submission of the learned counsel that pointing out the said facts, the counsel for the complainant in the trial court though filed an application for condoning his absence, the same was dismissed. Therefore, the counsel submitted that there is no wilful laches or negligence on the part of the complainant to prosecute the matter and hence, seeks one more opportunity prosecute the matter on merit.