K.VIJAYAKUMAR Vs. CHRISTOPHER RAJ

JUDGEMENT

(1.) The appellant is the complainant, who had filed a private complaint under Section 138 of Negotiable Instruments Act, against the respondent / accused, in C.C.No.130 of 2004, before the learned Judicial Magistrate No. 1, Kulzhithurai. The trial Court, by Judgment dated 06.09.2007, had acquitted the respondent /accused from the charges. Against which, the above appeal has been filed.

(2.) When Crl.A(MD)No.608 of 2007 taken up for final hearing on 23.06.2018, there was no representation for the respondent / accused. Thereafter, on hearing the submission of the counsel for the appellant / complainant and on perusal of the records, this Court found that the Judgment of the lower Court to be perverse and hence, set aside the order of acquittal passed by the trial Court, dated 06.09.2007.

(3.) Since the respondent / accused not appeared before this Court on 23.06.2018, the Registry was directed to list the matter on 06.07.2018, for appearance of the respondent / accused, for imposing sentence.