This appeal is preferred by the complainant against the acquittal of the accused in S.T.No.3148/2000 of the Judicial First Class Magistrate, Ottapalam under section 256 of Code of Criminal Procedure (hereinafter referred to as the Code). The above complaint was filed against the accused u/s.138 of the Negotiable Instruments Act. On 22.9.2004 the complainant was absent and his counsel applied for leave and sought for an adjournment, which was rejected by the learned Magistrate, since there was a specific direction to produce the complainant for evidence. On that day the accused was absent, his application was allowed, however the accused was acquitted by the learned Magistrate. Being aggrieved by that complainant preferred this appeal.

2. The main contention put forward by the appellant is that he was hospitalized and he could not appear before Court, therefore court should have adjourned this case to another day for giving an opportunity to prove the allegation.

3. There was no appearance for the accused, hence learned Public Prosecutor in reply submitted that the section empowers that the accused should be acquitted in cases where the complainant is absent on the specific da