FELIX SEBASTIAN Vs. JOSEPH JOHN

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 27.9.2012 in S.T.No.203 of 2012 of the court of Judicial First Class Magistrate-III, Kochi, by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) HEARD the counsel for the appellant and I have perused the judgment impugned in this appeal.

(3.) LEARNED counsel for the appellant submitted that, originally the case was filed in the court of Judicial First Class Magistrate-I, Kochi, wherein the complaint was received and numbered as S.T.No.4270 of 2010 on taking cognizance for the offence punishable under section 138 of the NI Act. Learned counsel for the appellant submitted that as the counsel for the appellant is from Ernakulam, the counsel has made arrangement with his clerk to inform him about, as and when the case has been posted, but the clerk has failed to inform about the posting of the case as well as the transfer of the case from the original trial court to the present one. Thus, according to the learned counsel, it was under the above background, the complainant failed to appear before the court below and adduce evidence. It is also the submission of the counsel that as the cheque in question covers an amount of Rs.1,50,000.00, one more opportunity may be given to the complainant to adduce evidence and to have a decision on merit.