MADHUSOODHANAN Vs. SARATHCAHNDRA BABU

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 as he is aggrieved by the order of acquittal recorded by the trial court under Section 256(1) of the Code of Criminal Procedure.

(2.) THE learned counsel for the appellant submits that as the complainant/appellant was abroad he had executed a power of attorney holder in favour of his wife to prosecute the matter and thus the case in the trial court was conducted by his wife, who was unable to appear before the court on the date of the impugned order as well as on the previous date of posting as she was pregnant and advised to take bed rest. It is also the submission of the learned counsel that the fact with respect to the pregnancy of the power of attorney holder of the complainant was brought to the notice of the learned Magistrate when an application was filed on