P.V. SELVAM @ SELVARAJ Vs. S. SUKUMARAN

JUDGEMENT

(1.) The appellant is the private complainant in C.C. No. 634 of 1998 filed under Section 138 of Negotiable Instruments Act, on the file of the Court of Judicial Magistrate, Palani. It is the case of the appellant/private complainant that the respondent/accused has borrowed a sum of Rs. 40,000/- (Rupees Forty Thousand only) in connection with his business operation and towards discharge of the same, he has issued a post dated cheque bearing No. 148723 dated 25.05.1998 and it got dishonoured and though statutory notice was issued, the respondent/accused neither responded to the same nor paid the amount and, therefore, came forward to file the above said private complaint. When the case was called on 30.07.2004, the Trial Court noted that no progress took place in the case and further, the appellant/private complainant was also repeatedly not appearing before the Trial Court. The Trial Court, having found that no purpose would be served by keeping the case on the file, has examined the Court witness and discharged the respondent/accused under Section 256 of the Code of Criminal Procedure. Aggrieved by the same, the appellant/private complainant has preferred this appeal.

(2.) This appeal was admitted and notice was ordered to the respondent/accused on 18.11.2004. The notice sent to the respondent/accused returned with an endorsement "unserved".

(3.) In the considered opinion of the Court, the same situation, as prevalent at the time of passing the impugned order on 30.07.2004, continues even as on today and even in this appeal, the appellant/private complainant is unable to serve the respondent/accused.