DURGA GARMENTS Vs. FRIENDS APPARELS; V MUTHUSAMY; PALANISAMY

JUDGEMENT

(1.) This appeal has been filed by the appellant as against the order dated 25.07.2014 in S.T.C.No.354 of 2012 passed by the learned Judicial Magistrate No.I, Tiruppur, in and by which the complaint preferred by the appellant herein was dismissed for non-appearance of the complainant on 25.07.2014, thereby acquitting the accused/respondents herein.

(2.) The appellant herein has filed a complaint against the respondents in S.T.C.No.354 of 2012 for the alleged offence punishable under Section 138 of Negotiable Instruments Act. Since the complainant/appellant herein was absent on the hearing date ie., 25.07.2014, the said complaint was dismissed by the Court below and consequently, the respondents/accused were 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 his counsel have appeared on several hearing dates; however, on 25.07.2014, the appellant herein/complainant could not appear before the Court below, since he was suffering from severe gastric problems & mild dehydraton and he was admitted in hospital at Tiruppur for taking treatment; as such, he could not appear before the Court below on 25.07.2014. He 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 held-up in another Court, as such his counsel could also not make the representation before the Court below on the said date. Thus, the learned counsel for the appellant sought setting aside the impugned order.