C SURYANARAYANA BHAT Vs. PURUSHOTHAMAN M

JUDGEMENT

(1.) The appellant is the complainant in C.C.No.847/2003 on the files of the court below. The appellant filed a complaint against the first respondent herein before the court below alleging offence under Section 138 of the Negotiable Instruments Act (in short, 'the N.I.Act'). The court below on 13.01.2005 acquitted the accused under Section 256 Cr.P.C., stating that the complainant had no representation on that day, against which, this appeal has been filed after obtaining special leave from this Court.

(2.) Service is complete. However, there is no appearance for the first respondent. Heard the learned counsel for the appellant and the learned Public Prosecutor.

(3.) The order of the court below is extracted hereunder:-