JUDGMENT

This is an appeal filed by the complainant in C.C.No.4503/2015 on the Court of the Judicial Magistrate of First Class (N.I.Act cases), Ernakulam. The trial court as per order dated 14/02/2023 acquitted the accused under Section 256 (1) Cr.P.C. on the ground that the complainant though given sufficient opportunity did not appear before the court to adduce evidence. The learned counsel for the appellant takes me through the B diary in the aforesaid case, which reads-

“23-12-2022 Case adjourned to 20-02-2023.

28-12-2022 Advanced. Accused present. Copy served and Bail is granted to the accused. Plea read over to which accused pleaded not guilty and claimed trail. Considering the nature of transaction and the hefty sum of money involved in the case, this court finds it apt and befitting to switch over to summons trail from summary trail. Hence for the evidence of the complainant. Issue notice to the complainant. 25-01- 2023.

25-01-2023 Complainant not represented. Accused not represented. Call on 07-02-202