K.P.SOMAN Vs. SUGADHAN

JUDGEMENT

(1.) Appellant had laid a complaint against the accused invoking Section 138 of the Negotiable Instruments Act on the strength of four cheques of Rs.80,000/ - each issued by accused Nos.1 and 2 together. Pursuant to the summons served, the accused appeared and the case was adjourned for evidence. It stood posted to 20.08.2010. On that day, the complainant and his counsel were absent. Hence the court below, invoking Section 256(1) of the Cr.P.C., acquitted the accused. This is challenged in this appeal.

(2.) In spite of service of notice, respondents 1 and 2 have not appeared. Heard the learned counsel for the appellant and examined the records.

(3.) Admittedly, the case stood posted to 20.08.2010. On that day, the appellant was absent. The counsel was also absent. The specific reason stated in the appeal memorandum is that the clerk of the counsel appearing before the trial court wrongly took down the date as 14.09.2010. It is further stated that on that day, the case was not called and on an enquiry, it was found that the case was dismissed on 20.08.2010. It was also brought out that there were two other earlier postings, on which date also, the appellant and counsel remained absent.