JUDGMENT

The appellant is the complainant in S.T.No.2469/2023 on the files of the Judicial First Class Magistrate Court-II, Cherthala.

2. By judgment dated 27.08.2025, the accused was acquitted under Section

279 of BNSS due to his failure to be present on the date specifically posted for evidence.

3. I have heard the learned counsel for the appellant as well as the first respondent and the learned Public Prosecutor. Parties are referred to as they were in the impugned judgment, the appellant being referred as the complainant and the first respondent as the accused.

4. The proceedings arose out of the Negotiable Instruments Act, 1881. The cheque issued by the accused was dishonoured on presentation and subsequently the complaint was filed. On a perusal of the proceeding sheet it is noticed that the complainant was absent on all posting dates from 30.01.2024. The trial court had on 01.01.2025 posted the case for evidence as a last chance to 19.02.2025. On that date also the complainant was absent and it was posted for evidence to 09.04.2025 as a last and final chance. On 09.04.2025 also both sides were absent and as the Advocates had gone on a strike, the court adjourned the matter for e