P V CHERIAN Vs. C K ANDREWS

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 17.05.2008 in S.T.No.1792/2006 of the Judicial First Class Magistrate Court-I, Kottayam, by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) COUNSEL for the appellant submitted that as the complainant was undergoing Ayurvedic treatment, the complainant could not appear before the Court below and the said fact brought to the notice of the Court by the Counsel appearing for the complainant in the Trial Court. Thus, it is the submission of the learned counsel for the appellant that one more opportunity may by given to the appellant to prosecute the matter on merit.