P VIJAYALEKSHMI Vs. PUSHPALATHA

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 she is aggrieved by the judgment dated 9.9.2004 in S.T.No.103 of 2004 of the court of Judicial First Class Magistrate-I, Thrissur, 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, there was no negligence on the part of the appellant or her counsel in appearing before the trial court on the date of the impugned order. According to the appellant, she could not reach inside the court hall when the case was called up, though she reached the court in time, since the court hall was busy and crowded, and the counsel for the complainant/appellant did not appear before the court. Hence, the counsel submits that one more opportunity may be given to the appellant considering the fact that a total sum of Rs.30,000/- include in the complaint.