(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 21.8.2010 in S.T.No.359 of 2006 of the court of Judicial First Class Magistrate-I, Palakkad, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.
(2.) HEARD the counsel for the appellant and the respondent.
(3.) ON the other hand, learned counsel for the respondent submitted that the complainant/appellant was negligent in appearing before the court and prosecuting the matter and therefore the trial court is fully justified in acquitting the accused and no interference is warranted.