The challenge in this appeal is to the judgment dated 09.01.2024 in S.T No.25/2021 passed by the Judicial First Class Magistrate Court-I, Thamarassery. The complainant is the appellant.

2. The complainant filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act against respondent No.1 before the Trial Court. 3. On 09.01.2023, the Judicial Magistrate of First Class-I, Thamarassery acquitted the accused under Section 256 (1) Cr.P.C for the reason that the complainant was absent.

4. Notice was served on the party respondent. He did not turn up.

5. Heard the learned counsel for the appellant and the learned Public Prosecutor.

6. The learned counsel for the appellant submitted that he has been regularly prosecuting the matter and only on 09.01.2023, he happened to be absent before the Trial Court. The learned counsel further submitted that the reasoning applied by the learned Magistrate that the complainant was not ready for giving evidence right from 27.03.2021 is not correct. The learned counsel further submitted that it was only on 27.03.2021, he filed the complaint.

7. The impugned order reads thus: “This is a case based on a complaint f