CHAKARA FINANCE Vs. K SENGUTTUVAN

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the Order dated 27/9/2002 made in C.C. No. 192 of 1999 by the Court of Judicial Magistrate, Gudiyattam, Vellore District.

(2.) Tracing the history of the case, it comes to be known that a private complaint filed by the appellant herein before the court below as against the respondent for the offence punishable under section 138 of the Negotiable Instruments Act having been dismissed for non-prosecution under Section 256 (1) of the Criminal Procedure Code, thereby acquitting the respondent, the complainant has come forward to prefer the above appeal on certain grounds as brought forth in the grounds of criminal appeal.

(3.) When the above matter came up for admission, this Court ordered notice to the respondent. Though the service of notice ordered through the Court is awaited, it is reported that the private notice has been served and the proof of service has also been filed today, in spite of which, the respondent is absent today. Hence, this Court is left with no choice but to pass orders on hearing the appellant and upon perusing the materials placed on record.