S RAGHAVAPERUMAL ALIAS RAMADOSS Vs. G NATARAJ

JUDGEMENT

(1.) The above Criminal Appeal is directed against the judgment dated 3.9.2002 rendered in C.C.No.85 of 1995 by the Court of District Munsif cum Judicial Magistrate, Vilathikulam,thereby dismissing the complaint filed by the appellant against the respondents for an offence punishable under Section 138 r/w 142 of Negotiable Instruments Act, and Section 420 of the I.P.C. and acquitting the respondents under Section 256 of Cr.P.C. on account of the appellant having not taken proper steps in the private complaint initiated by him.

(2.) Heard the learned counsel for the appellant and perused the records. Proof affidavit has been filed by the learned counsel for the petitioner for having served notice on all the respondents and hence service is held sufficient. Respondents are called absent and there is no representation on their behalf. Hence this Court is left with no choice but to decide the above appeal on merits having regard to the materials placed on record and upon hearing the learned counsel for the appellant.

(3.) The trial Court has simply dismissed the complaint filed by the appellant and acquitted the respondents under Section 256 of the Cr.P.C. on ground that on the part of the appellant/complainant, he has not come forward to prosecute the complaint filed by him on 20.4.1995 against the respondents seeking justice for an offence punishable under Section 138 r/w 142 of the Negotiable Instruments Act, and Section 420 of the I.P.C. said to have been committed on the part of the respondents, on a dishonoured cheque for a sum of Rs.1,00,000/-, which was returned unpaid since the respondents did not have sufficient funds in their account.