HARIDASAN Vs. SURESH

JUDGEMENT

(1.) THIS appeal is filed by the complainant in C.C. No. 132 of 1999 on the file of the Judicial First Class Magistrate Court, Chavakkad against the order of acquittal of the accused under Section 256(1) Cr.P.C. dt.6.4.2002. The first respondent herein was the accused in that case, which was filed by the complainant alleging commission of the offence punishable under Section 138 of the N.I. Act, involving a cheque for Rs.1,00,000/- On 6.4.2002, the learned Magistrate acquitted the accused under Section 256(1) Cr.P.C. due to the absence of the complainant.

(2.) HEARD learned counsel for the appellant and the learned Public Prosecutor.

(3.) THE proceedings paper of the court below show that the complainant was present before the court below on a number of posting dates. In the order under challenge it is mentioned that the case was posted on 6.4.2002 as a last chance for the complainant's evidence. But the proceedings paper does not show that the case was posted to that date for evidence as a last chance. Since the complainant was preset before the court below on a number of previous posting dates, I am of the view that the learned Magistrate is not justified in acquitting the accused under Section 256(1) Cr.P.C. for the absence of the complainant on 6.4.2002. THErefore, in the interest of justice that order has to be set aside.