K. Hema, J.

What is the procedure to be followed in a summons case, when the accused appears in court and pleads not guilty? Can the court straight away post the case for "evidence" or, is it necessary for the court to post the case for "hearing", after recording plea of not guilty? Can the court acquit the accused, under Section 256(1) of the Code of Criminal Procedure ('the Code' for short), if evidence is already adduced in part or on the day to which, the case is posted for "evidence"? These are some of the important questions which arise for consideration in this appeal.

2. The appellant is the complainant. He filed a complaint against the 2nd respondent herein, on 3.3.2005, alleging offence under Section 138 of the Negotiable Instruments Act. The accused entered appearance and he pleaded not guilty. The case was thereafter, adjourned to different dates and, ultimately it was posted for evidence from 13.07.2006 onwards. But, the complainant was absent on one such posting on 28.07.2006. The case was then adjourned to 01.09.2006, with a specific direction to the complainant to be present. The complainant did not appear on 01.09.2006 also. Hence, the court acquitted the a