KAMALAM Vs. K V GANESAN

JUDGEMENT

(1.) This appeal has been filed by the appellant as against the order dated 06.04.2010 in S.T.C.No.767 of 2007 passed by the learned District MUnsif-cum-Judicial Magistrate, Paramathi, in and by which the complaint preferred by the appellant herein was dismissed for non-appearance of the complainant on 06.04.05.2010, thereby acquitting the accused/respondent herein.

(2.) The appellant herein has filed a complaint against the respondent in S.TC.No.767 of 2007 for the alleged offence punishable under Sections 138 & 142 of Negotiable Instruments Act. Since the complainant/appellant herein was absent on the hearing date ie., 06.04.2010, the said complaint was dismissed by the Court below and consequently, the respondent herein/accused was acquitted. Aggrieved over the same, the present appeal has been filed by the appellant.

(3.) The learned counsel for the appellant submitted that before the Court below, the appellant/complainant and her counsel have appeared on several hearing dates. Further, the petitioner was regular in attending the Court on the hearing days; but, she was absent only on 06.04.2010, due to illness. Thus, the learned counsel for the appellant/complainant sought setting aside the impugned order.