Complainant is in appeal. He filed a complaint against the respondent/accused alleging commission of offence under Sec.138 of N.I.Act. It was filed in the year 2007. Learned Magistrate acquitted the accused under Sec.256(1) of Cr.P.C. on 30.7.2009 stating that the complainant was not present . 2. Learned counsel for the appellant/complainant submits that on 17.4.2009, the counsel appearing for both parties had appeared before the learned Magistrate and submitted that the matter was almost settled and posted the matter to 16.5.2009. The case was not called on 16.5.2009. It is submitted that the case was then called on 18.5.2009 without informing the counsel for the complainant and so, the complainant could not be represented on that date. On 18.5.2009 the case was adjourned to 17.7.2009 and then on 30.7.2009. The complainant was not represented on 30.7.2009 Crl.A. No.2349 of 2009 -: 2 :-
as he was not aware of the posting date. It is submitted that the complainant was and is actually interested in prosecuting the matter. Considering all the aspects, I find that the complainant is to be given an opportunity to give evidence in the matter and so, the verdict of acquittal is to be set aside. No argument to the contrary has been advanced.
In the result, this Crl.A. is allowed. The verdict of acquittal passed by the trial court, which is impugned in this case is set aside. The matter is remanded to the trial court for fresh disposal in accordance with law. The complainant will get ready to give evidence in the matter on the day the learned Magistrate may fix. The parties are directed to appear before the learned Magistrate (JFCM-IV, Kochi) on 27.6.2014.
Sd/- N.K.BALAKRISHNAN, J UDGE.
//TRUE COPY// P.A. TO JUDGE Jvt