VIRENDRAKUMAR RATANCHAND BANTHIA Vs. AZIM BRADRUDDIN MUKHARI

JUDGEMENT

(1.) The appellant is the original complainant, who had filed the complaint alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, against respondent no.1 herein. The trial remained pending before the Judicial Magistrate First Class, Panvel, from 10th November 1997 till 16th February 2006, on which date, the learned Magistrate, on account of the absence of the appellant, passed an order of acquittal of respondent no.1, as contemplated under Section 256 of the Code of Criminal Procedure (Code). Being aggrieved thereby, the appellant has, after obtaining special leave of this court, filed the present appeal praying that the order of acquittal, as passed by the Magistrate, be set aside.

(2.) Since the counsel for respondent no.1 did not remain present before the court inspite of repeated calls and inspite of keeping the matter back for quite sometime, the appeal is being decided after hearing the learned counsel for the appellant, the learned APP and after perusing the record and proceedings.

(3.) For the sake of convenience and clarity, the appellant shall hereinafter be referred to as 'the complainant' and respondent no.1 as 'the accused.'