S JOHN BASHA Vs. MURUGAN

JUDGEMENT

(1.) This appeal has been filed by the appellant as against the order dated 12.02.2015 in C.C.No.2/2015 passed by the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District, in and by which the complaint preferred by the appellant herein was dismissed for non-appearance of the complainant on 12.02.2015, thereby acquitting the accused/respondent herein.

(2.) The appellant herein has filed a complaint against the respondents in C.C.No.2 of 2015 for the alleged offence punishable under Section 138 of Negotiable Instruments Act. Since the complainant/appellant herein was absent on the hearing date ie., 12.02.2015, the said complaint was dismissed by the Court below and consequently, the respondent/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 the appellant/complainant was regular in attending the Court on the hearing days; but, he was absent only on 25.07.2014 due to his illness; that his counsel was also out of station, as such his counsel could not also make the representation before the Court below on the said date. Thus, the learned counsel for the appellant sought setting aside the impugned order.