V SRINIVASAN Vs. D SRINIVASAN

JUDGEMENT

(1.) The appellant herein filed a private complaint against the respondent for an alleged offence under Section 138 of the Negotiable Instruments Act and the learned Judicial Magistrate, Fast Track Court, Vellore, passed an order on 14.12.2012, in C.C.No.51 of 2012, dismissing the complaint under Section 256(1) Cr.P.C., for the reason that the complainant was called absent and acquitted the accused. Challenging the said order of acquittal, the complainant had preferred this Criminal Appeal before this Court.

(2.) The learned counsel for the appellant/complainant submitted that originally, the case was filed in the year 2006 before the Court of Judicial Magistrate No.III, Vellore, and only in the year 2012, it was transferred from the Court of Judicial Magistrate No.III, Vellore, to Judicial Magistrate, Fast Track Court, Vellore. The accused, after receiving summons, did not appear before the trial Court and therefore, NBW was issued against him and the same was pending before the trial Court for more than four years. While NBW was pending, the learned Magistrate suo moto recalled the NBW issued against the accused and dismissed the complaint for the absence of the complainant. The learned counsel for the appellant/complainant further submitted that the appellant's wife had passed away on 10.11.2012 and prior to that she was hospitalized in Apollo Hospital. In the said circumstances, the complainant could not appear before the trial Court.

(3.) The learned counsel appearing for the respondent/accused submitted that the respondent/accused appeared before the trial Court and got the warrant recalled. But due to some unavoidable reasons, again he could not appear before the Court. The learned counsel for the respondent/accused further submitted that there is no illegality in the order passed by the learned Magistrate, since the learned Magistrate, only after sending notice to the complainant, had invoked the provision under Section 256 Cr.P.C.