LAWS(MAD)-2005-12-72

N L LAKSHMI Vs. C P SESHADRI

Decided On December 12, 2005
N.L.LAKSHMI Appellant
V/S
C.P.SESHADRI Respondents

JUDGEMENT

(1.) THE above appeal is directed against the judgment dated 13. 11. 2003 made in C. C. No. 715 of 2002 by the Court of Judicial Magistrate, No. II, Coimbatore.

(2.) TODAY, when the above matter has been taken up for consideration, the learned counsel for the appellant would file a memo. thereby submitting that the private notice sent by RPAD had been served on the respondent and in spite of the notice having been acknowledged by the respondent, the respondent is called absent and hence, this Court is left with no choice but to decide the above appeal on materials made available on record and upon hearing the learned counsel for the appellant.

(3.) TRACING the history of the case, it comes to be known that the appellant herein has filed a private complaint against the respondent herein for the offence punishable under Section 138 of the Negotiable Instruments Act before the Court below and the same having been dismissed for non-prosecution under Section 256 Cr. P. C. , he has come forward to prefer the above appeal on certain grounds as brought forth in the grounds of appeal.