R.D. JAYARAMAN Vs. A.CHANDRASEKARAN

JUDGEMENT

(1.) - The appellant herein has filed a private complaint against the respondent/accused for an offence under Sec. 138 of the Negotiable Instruments Act and the learned Judicial Magistrate No.I, Mayiladuthurai, had passed an order on 09.04.2012, in S.T.C.No.3832 of 2010, dismissing the complaint for non-appearance of the complainant and acquitted the accused under Sec. 256(1) of Crimial P.C. Challenging the said acquittal, the appellant/complainant had preferred this criminal appeal.

(2.) The learned counsel for the appellant and the learned counsel for the respondent were heard.

(3.) The learned counsel for the appellant/complainant submitted that the date of hearing was wrongly noted by the complainant's counsel and therefore, the complainant could not appear before the trial Court. The learned counsel for the appellant/complainant further submitted that the complainant must be given a chance to put forth his case and his complaint should not be dismissed at the threshold.