L KRISHNAN Vs. R VEERALAKSHMI

JUDGEMENT

(1.) THIS Criminal Appeal has been filed to set aside the order dated 01. 06. 2007 made in C. C. No. 366 of 2005 on the file of the learned Judicial Magistrate No. V, Madurai.

(2.) HEARD both sides.

(3.) A resume' of facts absolutely necessary for the disposal of this Criminal Appeal would run thus: the case in C. C. No. 366 of 2005 is for the offence under Section 138 of the Negotiable Instruments Act, instituted by the complainant/appellant as against the accused/respondent. The learned Judicial Magistrate No. V, Madurai dismissed the C. C. No. 366 of 2005 under Section 256 Cr. P. C. on the ground that at the time of calling the complainant, he was not present, even though in the morning he had been present at the time of initial calling. The learned Judicial magistrate would observe that even though he was present in the morning, yet he was subsequently absent till 05. 45 p. m. .