G SUNDARESAN Vs. M S HARDWARES

JUDGEMENT

(1.) In this petition under S.482 of the Code of Criminal Procedure, petitioner, the accused in S.T.No.528 of 1993 before Chief Judicial Magistrate, Thiruvananthapuram seeks to quash the complaint. First respondent filed that complaint alleging commission of offence under S.130 of the Negotiable Instruments Act. The grievance of petitioner is that the Magistrate failed to acquit the accused for non appearance of the complainant.

(2.) Heard counsel for petitioner.

(3.) The complaint S.T.No. 528 of 1993 had come up before the Magistrate on 5-10-1994 on which dale the counsel for petitioner is alleged to have argued on the maintainability of the complaint. The case was adjourned to 21-10-1994 on which date the complainant or his counsel was not present. The court instead of acquitting the accused under S.256(1) of the Code, adjourned the case to 4-11-1994 for evidence. From that date the case was adjourned to 8-3-1995. The contention of counsel is that the Magistrate should have acquitted the accused on the complainant remaining absent on the dale of hearing.