ABDUL SALAM Vs. M ABDUL BASHA

JUDGEMENT

(1.) THE revision petitioner herein who is the complainant in C.C.No,69 of 2007, on the file of the District Munsiff cum Judicial Magistrate, Arcot, filed a case against the respondent herein for an alleged offence under Section 138 of the Negotiable Instruments Act. On 27.04.2009, the complainant/ petitioner herein was absent before the trial Court, but the accused was present. THE learned Magistrate had passed an order, discharging the accused by invoking the provision under Section 249 Cr.P.C. Aggrieved by the said order of the Learned Judicial Magistrate, Arcot, the petitioner/complainant has preferred this revision.

(2.) THE Learned Counsel for the Petitioner has submitted that for the offence under Section 138 of Negotiable Instruments Act, the case must be tried on summary trial procedure or on summons case procedure. Either under summary trial or trial of summon cases, the trial Court has no power to discharge the accused under Section 249 Cr.P.C. THE provision which the learned Magistrate applied is applicable only for trial of warrant cases.

(3.) THE Learned Counsel for the respondent further submits that though the wrong provision has been quoted by the Learned Magistrate, the reasons given by the Learned Magistrate are sustainable.