PRABHAKARAN PILLAI Vs. VELMURUKAN S/O VAMADEVAN

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 21.5.2009 in C.C.No.520 of 2005 of the court of Judicial First Class Magistrate-Pathanamthitta, 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 cheque in question covers an amount of Rs. 25,000/- and the process of recording the evidence was started on 19.3.1999, on which date Exts.P1 to P6 were marked and as the accused was absent on that day, the case was adjourned to 2.4.2009 and from there to 21.5.2009. It is the further submission of the learned counsel that though the complainant was physically present in the court, his counsel could not reach the court in time, as he was engaged in other court, and though arrangement was made by the said counsel to represent him through another counsel, it was not materialised and it was under this circumstance, the court passed the impugned order. Therefore, the counsel submits that one more opportunity may be given to the complainant to prosecute the matter on merit.