V.RAJEEV Vs. RAVEENDRAN THAMBAN

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 24.6.2009 in C.C.No.177 of 2008 of the court of Judicial First Class Magistrate-Pattambi, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) I have heard the counsel for the appellant and I have also perused the judgment impugned in this appeal.

(3.) COUNSEL for the appellant submitted that as the clerk attached to the office of the counsel for the complainant in the trial court has failed to note down the exact posting date of the case, neither the complainant nor his counsel could appear before the court below on the date of the impugned order. According to the learned counsel, there was no negligence on the part of the complainant or his counsel in appearing before the court below. The counsel submits that one more opportunity may be given to the appellant to prosecute the matter on merit, especially when the cheque in question covers an amount of Rs.18,000.00.