POONADATHIL SRINIVASAN Vs. PARAKKAL JOSHI

JUDGEMENT

(1.) The appellant as the complainant laid a complaint under Section 138 of the Negotiable Instruments Act against the first respondent/accused herein on the strength of a dishonoured cheque for a sum of Rs.2,00,000/ -. The case was taken up by the court below on 01.12.2012. The complainant was absent but his counsel was present. The court below, holding that the complainant was continuously absent and he seemed to be reluctant to continue with the case, dismissed the complaint for default invoking Section 256(1) of Cr.P.C. This is assailed by the appellant in this appeal.

(2.) Heard both sides and examined the records.

(3.) Annexure -A1 indicates that while the matter was pending before the court below, the parties settled the dispute in Lok Adalath on a payment of Rs.1,50,000/ -. It was agreed by the accused that the amount would be paid in three equal installments of Rs.50,000/ - each. There was a clause that if any default was made, the case will be returned to the regular Court for trial. The last date for payment of the installment was 31.10.2012. Evidently, the matter came up thereafter before the court below on 01.12.2012, since the accused did not comply with the terms of the agreement.