JUDGMENT :

Can an accused be perfunctorily acquitted under Section 256 (1) of the Code of Criminal Procedure is the point that arises for consideration in the appeal?

2. The appellant had filed C.C No.1960/2007 before the Court of the Judicial Magistrate of First Class – I, Thrissur, alleging the first respondent to have committed the offence under Sec.138 of the Negotiable Instruments Act (in short, ‘N.I Act’). The learned Magistrate acquitted the accused under Sec.256 (1) of the Code of Criminal Procedure (‘Cr.P.C’, in short) on the ground that the appellant was regularly absent.

3. Heard; Sri. K.B Gangesh, the learned counsel for the appellant and Smt.Seetha.S, the learned Public Prosecutor.

4. The learned counsel for the appellant argued that the learned Magistrate had committed a grave illegality in acquitting the accused without affording the appellant an opportunity to explain the reason for his absence. Although the complaint was posted for trial and the appellant was present in court on 17.10.2008, 24.11.2008 and 8.1.2009, the learned Magistrate referred the parties to the Adalat. As the dispute was not settled, the complaint was referred back to Court and was posted on 14.8.2