SELVAKUMAR Vs. SUBRAMANI

JUDGEMENT

(1.) THE appellant herein is the complainant in S.T.C.No.4 of 2009, on the file of the learned Judicial Magistrate No.II, Namakkal.

(2.) THIS appeal emanates from the criminal complaint filed under Section 138 of the Negotiable Instruments Act against the respondent. Before the lower court, parties were summoned. The learned Judicial Magistrate No.II, Namakkal dismissed the complaint, acquitting the accused under Section 256 of Cr.P.C., for non appearance of the complainant.

(3.) ON the other hand, Mr.T.M.Ramalingam, the learned counsel for the respondent supported the order and would submit that the case was posted for trial and since the complainant was not present, the trial could not be proceeded with and therefore, the learned trial judge has rightly dismissed the complaint and acquitted the respondent/accused which does not warrant any interference.