SREERAMA TRANSPORT FINANCE CO LTD Vs. AJYA KUMAR

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 7.11.2008 in S.T.No.2166 of 2006 of the court of Judicial First Class Magistrate-I, Kottayam, 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 impugned order was issued acquitting the accused when steps under section 82 and 83 of Cr.P.C. were pending against the accused. It is also the submission of the learned counsel that, if the learned Magistrate was of the opinion that, default was on the part of the complainant in taking steps, the provision which ought to have been invoked should be section 204(4) of Cr.P.C. and not section 256(1) of Cr.P.C. It is also the submission of the learned counsel that as the cheque in question covers an amount of Rs. 2,75,000/-, one more opportunity may be given to the appellant to prosecute the matter on merit.