ABOOBACKER SIDDIQUE Vs. IBRAHIM B.M.

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 dated 21.5.2007 in C.C.No. 137 of 2006 of the court of the Judicial First Class Magistrate-II (Additional Munsiff), Kasaragod by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) COUNSEL for the appellant submitted that the cheque in question covers an amount of Rs.2,50,000.00 and the complainant failed to appear before the trial court due to the frequent transfer of the case from one court to another court and the clerk attached to the counsel for the complainant failed to note down the exact posting date of the case. Therefore, the counsel submitted that one more opportunity may be given to the complainant as there is no negligence on the part of the complainant.

(3.) I have carefully considered the submission made by the learned counsel and I have gone through the judgment.