K.MOHAN DAS Vs. KABEER.A.

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 9.1.2008 in C.C.No.102 of 2007 of the court of Judicial First Class Magistrate-I, Alappuzha, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) LEARNED counsel for the appellant submitted that as evident from Annexure-1 order sheet of the court below, on all previous posting dates, the complainant was represented, since the presence of the complainant was not required as the accused has not so far entered appearance. It is the further submission of the learned counsel that, the counsel who appeared in the court below for the complainant could not reach the court in time when the case was called, due to traffic block. Therefore, the counsel submits that one more opportunity may be given to the complainant to prosecute the matter on merit, since the cheque involved in the case covers an amount of Rs.18,300/-.

(3.) I have carefully considered the submissions of the learned counsel for the appellant and I have perused the impugned judgment and the B'diary proceedings which was made available to me by the counsel for the appellant.