Alexander Thomas, J. —The petitioner is the accused for the offence punishable under section 138 of the Negotiable Instruments Act, in S.T. No. 1224/2015 on the file of the Chief Judicial Magistrate Court, Palakkad, instituted on the basis of a complaint instituted by the 1st respondent herein. The trial court had taken cognizance of the offence and thereafter issued summons to the accused who had entered appearance and thereafter the matter was posted for tendering of evidence of the complainant. The matter come up before the trial court on various occasions to tender evidence on 27.7.2016, 2.9.2016 and on 28.10.2016 and on these days the trial court found that the complainant was continuously absent, but there was application filed for adjournment. But the trial court adjudged that the said request for adjournment lacks bona fides and the same was rejected as the personal appearance of the complainant is required for evidence. Since the complainant continuously failed to appear to give evidence, no purpose will be served in continuing the proceedings and the learned Magistrate held that the accused will stand acquitted of the offence by virtue of the enabling provisions unde