J DEVASAGAYAM Vs. RUFUS INBAKUMAR

JUDGEMENT

(1.) THIS revision has been filed by the complainant in c. C. No. 568/2002 dated 28. 6. 2004 on the file of the Judicial Magistrate, Vellore, wherein the complaint was dismissed under section 204 (4) of Cr. P. C.

(2.) BRIEF facts of the case are as follows: The complainant filed a private complaint against the accused for the dishonour of cheque dated 10. 7. 2002 for a sum of Rs. 30 ,000 /- drawn on punjab National Bank, Vellore. When the cheque was presented for collection on 11. 7. 2002, the same was returned as unpaid due to insufficiency of funds in the bank account of the accused. On 23. 7. 2002, a lawyer's notice was issued to the accused by the counsel for the complainant. The accused received the notice on 24. 7. 2002 but did not reply for the notice. Thereafter, the complainant filed a private complaint which was taken up on file as C. C. No. 568/2002 and the complainant was examined as P. W. 1. Thereafter, on 28. 6. 2004, the learned Magistrate dismissed the complaint on the ground that the complainant is present and the accused is absent and the absence of the accused was condoned under section 317 of Cr. P. C. and since the complainant has not taken any steps to produce the witnesses, the complaint was dismissed.