R SADHASIVAM Vs. R EZHILARASI

JUDGEMENT

(1.) THE appellant herein is the complainant in S.T.C.No,2822 of 2009 on the file of the Judicial Magistrate No.I, Tiruppur, and the respondent herein is the accused. A complaint was filed by the appellant herein against the respondent for an offence under Section 138 of the Negotiable Instruments Act. After taking the complaint on file, the learned Magistrate issued summons to the accused, but the accused has not appeared. A bailable warrant was issued against the accused on 30.10.2007. THE said bailable warrant was not executed and the case was pending.

(2.) WHILE so, on 23.7.2009, as the complainant/appellant herein was absent and there was no representation on behalf of the complainant, the learned Magistrate dismissed the complaint under Sections 256(1) and 204(4) of Cr.P.C. Aggrieved by the said order, the appellant herein has preferred this criminal appeal.

(3.) I have considered the submissions made by the learned counsel for the appellant and perused the records.