P SURENDRAN Vs. B R KRISHNA PRASAD

JUDGEMENT

(1.) APPELLANT filed a complaint under Section 138 of the Negotiable Instruments Act against the 1st respondent. When the case was posted on 30.3.1999, since the complainant was not present accused was acquitted under Section 256(1) of the Code of Criminal Procedure. It is stated in the appeal memorandum that case was posted for hearing and the presence of the complainant is not necessary. It is also stated that he was absent on 30.3.1999 only because he was not well and the matter was entrusted to the lawyer for making an application for exemption from appearance. But court acquitted the accused under Section 256 (1) of Cr.P.C. much accurately. If the complainant is absent the power under Section 256 (1) should not be used mechanically. Since the appellant had given sufficient reasons for his non-appearance, I am inclined to give one more opportunity for the complainant to appear and therefore I remand the matter to the trial court.

(2.) APPELLANT may appear before the trial court on 9.1.2007. Trial court shall intimate the date of posting to the advocate appearing for the accused before the court below. Hence appeal is allowed by way of remand.