JUDGMENT

This is an appeal against an order of acquittal of the accused in S.T.No.849/2020 on the files of the Judicial First Class Magistrate Court-II, Kothamangalam.

2. By the impugned judgment dated 30.11.2024, the learned Magistrate has dismissed the complaint under Section 256 Cr.P.C. (sic).

3. I have heard the learned counsel for the appellant as well as the learned Public Prosecutor. Though notice to the respondent was served, none appears on his behalf.

4. The appellant was the complainant who had initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881, due to the dishonour of a cheque issued by the accused. The case was posted on several dates for enabling the complainant to adduce his evidence. The impugned order narrates the series of postings that were granted at the behest of the complainant. However, when the case was taken up for evidence on 30.11.2024, the complainant was again absent.

5. The impugned judgment reveals that there were adjournments granted to enable the complainant to adduce his evidence on 18.08.2023, 02.11.2023, 08.01.2024, 06.04.2024, 23.04.2024, 11.07.2024 and again on 05.10.2024. On all these postings, the complainant was not