V. SIVASHANKARAN Vs. N. VIJAYRAJ

JUDGEMENT

(1.) The appellant is the complainant in C.C.No.345 of 2008 which was dismissed by the Judicial Magistrate Court-II, Puducherry. The respondent herein stood charged for the offences under Sections 138 and 142 of the Negotiable Instrument Act, 1881. By judgment dated 28.01.2010, the Trial Court dismissed the complaint, since the appellant/complainant was called absent, without any representation. Challenging the above said dismissal order, the appellant is before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) Learned counsel for the appellant would submit that the appellant/complainant was examined-in-chief as PW1 and the matter was posted for cross-examination. On 28.01.2010 also, the complainant could not present for cross examination. Hence, the Trial Court has dismissed the complaint.