AV BALU Vs. K JEYAKUMAR

JUDGEMENT

(1.) THE appellant is the complainant. A private complaint was preferred by him against the respondent/accused before the learned Judicial Magistrate for an offence punishable under Section 138 of Negotiable Instruments Act. THE said complaint was taken on file on 25.9.2001 and after issuing process, the accused was appearing before the Court. On 16.7.2004, the case was posted for continuation of chief examination of the complainant and at that time, when the case was called, the complainant was absent and the accused was present. THErefore, an order has been passed under Section 26 Cr.P.C., dismissing the private complaint. Aggrieved against that order, the present appeal has been preferred by the complainant.

(2.) I have heard the learned counsel for the appellant as well as the respondent.

(3.) ACCORDINGLY, the order passed by the learned Judicial Magistrate, Lalgudi, Trichy, in C.C.No.35 of 2002, dated 16.7.2004 is set aside and the learned Judicial Magistrate is directed to restore the private complaint on file and to proceed with the case in accordance with law. Since, the case has been filed during the year 2002, the learned Judicial Magistrate, Lalgudi, is directed to give priority to the present case for early disposal and this criminal appeal stands accordingly allowed.