K N KITTUSAMY Vs. K P SUBRAMANIAM

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the complainant against judgement dated 12. 5. 2008 passed in CC. No. 173/2007 by the learned District Munsif cum Chief Judicial Magistrate, Perundurai, Erode, acquitting the Respondent/ accused.

(2.) THE Appellant is the complainant before the learned District Munsif cum Judicial Magistrate, Perundurai, Erode and he lodged a private complaint on the strength of a dishonoured cheque against the Respondent under Section 138 of the Negotiable Instruments Act.

(3.) THE learned Magistrate dismissed the said complaint, acquitting the accused under Section 256 (1) of Code of Criminal Procedure for non appearance of the complainant. It is stated in the impugned order that even after a final chance having been given to the complainant for submitting his evidence, he failed to appear before the court and further, instead of filing a fresh proof affidavit, he filed a petition under Section 256 of Code of Criminal Procedure, which was dismissed by the said court and therefore, it was held that the non appearance of the complainant showed that he was not ready and willing to participate in the proceedings and hence, dismissed the complaint.