N BALASUBRAMANIAN Vs. MANOJ SEBASTIAN

JUDGEMENT

(1.) This appeal has been filed to call for the records relating to the order dated 15.09.2006 made in S.T.C.No.1378 of 2006 on the file of the Judicial Magistrate Court, Theni and set aside the same as illegal.

(2.) The case of the appellant is that he was carrying business in the name and style of M/s.Kavitha Oil Mills. The respondent herein had business transaction with the appellant. During the course of transaction, the respondent had given a cheque for a value of Rs. 30,000/- (Rupees thirty thousand only) to the appellant towards partial discharge of his liabilities. When the appellant presented the said cheque for collection, the same was returned as insufficient of funds. Thereafter, the complainant issued a legal notice by a registered post with acknowledgment. But the respondent has not sent any reply. Hence, the appellant herein has filed a complaint in C.C.No.499 of 2001 before the learned Judicial Magistrate, Periyakulam under Section 138 r/w 142 of Negotiable Instruments Act r/w 190(1)(a) of Cr.P.C against the respondent herein.

(3.) Later on, the said private complaint has been transferred and the same was numbered as S.T.C.No.1378 of 2006 on the file of the learned Judicial Magistrate, Theni. Thereafter, the case was posted then and there for appellant's side evidence. But the appellant did not appear for a long time without having any reason. Accordingly, the case has been dismissed under Section 256 Cr.P.C due to non appearance of the appellant/complainant and the respondent/accused was acquitted.