DINAMALAR Vs. N JAYACHANDRAN

JUDGEMENT

(1.) CRL.O.P. 26291 of 2009 is allowed granting special leave to the petitioner and the appeal is taken up for hearing as both parties are ready.

(2.) THE appellant herein is the complainant in C.C. No. 107 of 2009 on the file of the learned Judicial Magistrate No. IV, Vellore. THE respondent herein is the accused in the said case. THE appellant herein filed a private complaint against the respondent herein for an offence punishable under Section 138 of Negotiable Instruments Act.

(3.) THE learned counsel for the respondent submitted that after receiving the summons, the accused has been present before the Court on 20.08.2009, but the complainant was absent. For the absence of the complainant, the learned counsel for the complainant has not filed any petition to condone the absence of the complainant and no reason was put forth before the learned Magistrate by the complainant for his absence on that date.