K K SUBRAMANIAM Vs. P S SURESH BABU

JUDGEMENT

(1.) THE complainant, in C. C. No. 24/1995 on the file of judicial Magistrate No. I, Gobichettipalayam is the appellant.

(2.) THE appellant preferred a private complaint against the respondent/accused, seeking appropriate punishment for the alleged offences, under Sec. 138 of Negotiable Instruments Act and Sec. 420 I. P. C, alleging that the respondent, who had dealings with the complainant, has to pay a sum of Rs. 2,21,069. 08, that in order to discharge the said liability, he had issued a cheque on 9. 12. 1994, that when the cheque was tendered for collection, the same was bounced for the reason "exceeds arrangement", that thereafter, even despite the issue of statutory notice, failed to pay the cheque amount and that for the offences, committed under Section 138 of negotiable Instruments Act, he is to be dealt with, according to law.

(3.) THE learned counsel for the appellant submits that the complainant/appellant was absent only for one hearing and for his non-appearance, when the same is also not mandate, dismissal of the complaint, by invoking Section 256 Cr. P. C may not be proper. It is the further submission of the learned counsel for the appellant, that in order to give a chance for the appellant, the acquittal order, under Section 256 Cr. P. C should be set aside, which convinces me, considering the hasty action, taken by the trial court.