P. PRADEEP KUMAR .. Vs. M.N. JITHU

JUDGEMENT

(1.) THIS appeal is filed against the order of acquittal of the accused under Section 256 (1) of the Code of Criminal Procedure. Complainant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that cheque issued by the accused was dishonored for insufficiency of funds. Order sheet shows that on most of the posting dates complainant was present and accused was not present. Despite issue of warrant accused did not enter appearance. But on one day of posting when complainant was absent the case was dismissed rejecting his application for exemption and accused was acquitted under Section 256 (1). Merely because of absence on one day of complainant complaint cannot be rejected and accused cannot be acquitted mechanically. Presence of the complainant on that day was also not absolutely necessary as accused was also not present. Here the complainant has satisfactorily explained his reasons for his absence. In the above circumstances, I set aside the impugned order and remand the matter to the trial Court for continuation of the proceedings. Parties may appear before the trial court on 12.12.2006. Accordingly this appeal is allowed by way of remand. Appeal allowed.