ANTONY JOSEPH, Vs. REMANI JACOB

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 18.5.2004 in C.C.No.739 of 2003 of the court of Judicial First Class Magistrate-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 the complaint was filed on 26.7.2003 and thereafter on all subsequent postings the complainant was present till 20.4.2004. It is the further submission of the learned counsel that on 20.4.2004, the matter was sent to Adalat for settlement and subsequently posted on 18.5.2004, on which date the impugned order was passed. It is the further submission of the learned counsel that due to health reason the complainant could not appear before the court below on 18.5.2004 and the said fact was informed to his counsel, who had been arranged to represent himself and the complainant, but the counsel with whom the arrangement was made, did not appear before the court below, when the case was taken. Thus according to the counsel, the impugned order was passed in such a situation and there was no wilful laches or negligence on the part of the complainant. The counsel submits that one more opportunity may be given to the complainant to prosecute the matter on merit.