JUDGMENT :

The order in S.T.No.387 of 2004 on the file of the Judicial First Class Magistrate Court, Kattappana dated 09.02.2007 is under challenge in this appeal at the instance of the original complainant before the Magistrate Court. The respondents herein are the accused before the court below as well as the State of Kerala represented by the Public Prosecutor.

2. The parties in this appeal will be referred herein as complainant and accused for convenience.

3. Facts: The complainant herein launched prosecution alleging commission of offence under Section 138 of the Negotiable Instruments Act by the accused on the allegation that the cheque for Rs.2 lakh issued by the accused on 10.08.2003 for repayment of a legal enforceable debt was dishonoured for want of funds. Though the complainant issued demand notice, the accused did not pay the amount. Accordingly, the court below took cognizance of the offence and secured the presence of the accused.

4. While so, as per order dated 09.02.2007, the learned Magistrate dismissed the complaint. The short order is as extracted below:

Matter not settled. Complainant is absent. Accused absent. Complainant absent, applied. Application is rejected. T