P.K.SURENDRAN Vs. K.P.PRAKASAN

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 11.8.2005 in C.C.No.449 of 2003 of the court of Judicial First Class Magistrate-V, Kozhikode, 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 complainant could not appear before the court on the date of the impugned order as he was laid up due to rheumatic complaint. It is the further submission of the learned counsel that, since the cheque in question covers an amount of Rs.1,60,000/-, one more opportunity may be given to the complainant to prosecute the matter on merit.

(3.) I have carefully considered the submissions made by the counsel for the appellant and I have also perused the judgment impugned in this appeal.