DON BOSCO Vs. PARTECH COMPUTERS LTD

JUDGEMENT

(1.) The following aspects of daily importance have been raised for consideration of this Court:

(2.) The facts show that the appellant, hereinafter referred to as the complainant filed S.T.No. 1700/2000 before the Judicial First Class Magistrate Court, Kozhikode under Section 138 of the Negotiable Instruments Act, in short 'the Act', against respondents 1 and 2, hereinafter referred to as the accused. The first accused is a company registered under the Companies Act and the 2nd accused is its Director, who is looking after the day to day affairs of the first accused company as stated in paragraph 2 of the complaint filed before the Court below. The accused did not appear before the Magistrate Court. On 12.3.2004, the complainant was absent. The Magistrate, therefore, passed the impugned order stating that "Complainant absent. No representation. Hence, accused is acquitted under Section 256(1) Cr.P.C". The same is under challenge through this appeal.

(3.) It is averred that both the accused evaded service of summons. Therefore, steps under Sections 82 and 83 Cr.P.C. were initiated and the case was posted to 12.3.2004. But the counsel appearing for the complainant noted the date as 18.3.2004. Therefore, when the case was taken up on 12.3.2004 there was no representation. That resulted in the dismissal of the complaint and acquittal of the accused.