V SURESH KUMAR Vs. V C RAVEENDRAN

JUDGEMENT

(1.) This appeal is filed by the Complainant against the acquittal of the accused in C.C. No. 174 of 2002 on the file of the Judicial First Class Magistrate's Court-V (Special Court for Mark List Cases), Thiruvananthapuram.

(2.) The above case was taken on file on the basis of a complaint filed by the appellant alleging that the accused committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate took cognizance of the complaint and acquitted the accused on 13-11-2003 under Section 256(1), Cr. P.C. on the ground that the complainant was absent on the date of posting of the case and no steps were taken by the complainant for proceeding against the accused under Sections 82 and 83, Cr. P.C.

(3.) Learned Counsel appearing for the appellant submits that the absence of the complainant-appellant was not wilful and that the appellant did not appear before the Court on 13-11-2003 as the date of posting of the case was wrongly noted by the clerk of the advocate who had appeared for the appellant in the Court below. Though the grounds urged in the Appeal Memorandum are not convincing, on going through the impugned order this Court finds that the order is illegal and irregular.