JUDGMENT

The appellant challenges the judgment (wrongly mentioned as 'order') dated 08.11.2024 in S.T.No.619 of 2020 on the files of the Judicial First Class Magistrate's Court-II, Kothamangalam. By virtue of the said judgment, the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 has been dismissed (sic for 'acquittal').

2. The prosecution alleged that the accused had, in discharge of a legally enforceable debt issued two cheques for Rs.2,16,650/-, which when presented for encashment returned dishonoured with the memo 'funds insufficient'. Thereafter, consequent to the compliance of the statutory requirements, the complaint was filed. However, when the case was posted for evidence, the complainant failed to appear and hence the learned Magistrate acquitted the accused by the impugned order. 3. I have heard the learned counsel for the appellant as well as the learned Public Prosecutor. Though notice was served on the accused, none appears on his behalf.

4. The complainant was prosecuting a proceeding under Section

138 of the N.I.Act. The case was posted for evidence on 28.10.2023 and thereafter the case was adjourned repeatedly. Despite the case having been p