HARRISONS MALAYALAM LTD Vs. KALIDAS P N

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.) COUNSEL for the appellant submitted that the complainant is a company and represented by the Companies Accounts Officer, who could not appear before the court below on 4.10.2008 as he had undergone treatment. Thus, according to the learned counsel, there was no negligence on the part of the complainant in appearing before the court below. It is also the submission of the learned counsel that to excuse the absence of the complainant, Crl.M.P.No.3130 of 2008 was also filed and thus, the complainant was represented and an application was filed to excuse his absence, but that petition was dismissed without assigning any reason. According to the counsel, as the cheque in question overs an amount of Rs. 2,04,370/-, one more opportunity may be given to the complainant to prosecute the matter on merit.

(3.) IN the result, this appeal is disposed of setting aside the order dated 4.10.2008 of the court of Judicial First Class Magistrate- IErnakulam in C.C.No.1755/2004 on condition that the appellant/ complainant deposits a sum of Rs. 2500/- (Rupees Two Thousand Five Hundred only) in the trial court within one month from today.