AMARCHAND Vs. SANJEEV RASTOGI

JUDGEMENT

(1.) The complainant in C.C. No. 77 of 1993 on the file of Judicial Magistrate No. I, Erode, challenges the order of acquittal passed by the said Magistrate against the respondent/accused, by invoking Section 256, Cr. P.C.

(2.) Though notice was issued to the respondent, he has not chosen to be represented by a counsel not is he present in Court to contest the appeal.

(3.) The proceedings against the respondent were initiated by way of a private complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, on the allegation that the cheque issued by the respondent, when presented with the bankers, returned dishonoured, with an endorsement, "Insufficiency of Funds", and the statutory notice issued subsequently also did not evoke any response.