M.R. BABU Vs. MANJULA K.

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 03/05/2012 in S.T.No.3443 of 2009 of the court of the Judicial Magistrate of the First Class, Muvattupuzha by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) THE learned counsel for the appellant submitted that the complainant was prosecuting the matter in the trial court effectively. But he could not appear before the trial court on 03/05/2012, on the date of the impugned order as he was laid up. It is the further submission of the learned counsel that, though the complainant was absent, arrangement was made to represent him but the counsel who was instructed to represent the complainant could not appear before the court in time and it was under the above background the learned Magistrate issued the impugned judgment. It is the further submission of the learned counsel that as the cheque in question covers an amount of Rs.1,10,000/-, one more opportunity may be given to the appellant to prosecute the matter on merit.