CHANDRAN P. Vs. K.GOPI,

JUDGEMENT

(1.) This appeal arises from the order dated 27.01.2010 of the Judicial First Class Magistrate -II, Vadakara in a proceeding under Section 138 of the Negotiable Instruments Act. The complainant is the appellant. It arose from the dishonour of a cheque for a sum of Rs.60,000/ -. Pursuant to the summons issued in the case, the accused appeared and the case was being adjourned thereafter. Ultimately, it was posted to 27.01.2010. On that day, the complainant and his counsel were absent. The court below noted that there was a specific direction to the complainant to be present for evidence. Consequently, complaint was dismissed and the accused was acquitted under Section 256(1) of Cr.P.C. The complainant has come up in appeal.

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

(3.) Learned counsel for the appellant contended that the case was posted as a last chance and that, neither the counsel nor the complainant was present on that day. The absence was attributed to the fact that the matter was entrusted to a junior counsel, who could not make an effective representation. The absence of the party on that day is also not satisfactorily explained. Hence, the court below cannot be found fault with, for having passed an order within its jurisdictional limits.