JAMES.A.C. Vs. K.A.SAKTHIDHARAN

JUDGEMENT

(1.) Can an accused be perfunctorily acquitted under Sec. 256 (1) of the Code of Criminal Procedure is the point that arises for consideration in the appeal?

(2.) The appellant had filed C.C No.1960/2007 before the Court of the Judicial Magistrate of First Class - I, Thrissur, alleging the first respondent to have committed the offence under Sec.138 of the Negotiable Instruments Act (in short, 'N.I Act'). The learned Magistrate acquitted the accused under Sec.256 (1) of the Code of Criminal Procedure ('Cr.P.C', in short) on the ground that the appellant was regularly absent.

(3.) Heard; Sri. K.B Gangesh, the learned counsel for the appellant and Smt.Seetha.S, the learned Public Prosecutor.