JUDGMENT

This appeal is filed by the complainant in S.T.614/03 on the file of the Judicial First Class Magistrate's Court-I, Nedumangad assailing the acquittal of the first respondent of offence punishable under Section 138 of the N.I. Act vide Section 256 (1) of the Cr.P.C. The order of acquittal passed by the Magistrate is extracted below for easy reference:-

“The case was called on for hearing today to which it had been posted.

The complainant not being present either in person or by pleader the accused is acquitted under section 256, Criminal Procedure Code.”

2. There is no mention in the order as to for what purpose the case stood posted on 15/01/05 the day on which the case was disposed of acquitting the accused under Section 256 (1) of the Cr.P.C. The mere absence of the complainant by itself is not a ground to dispose of the case acquitting the accused. The learned Magistrate ought to have considered as to whether the absence of the complainant has rendered him unable to make any progress in the case and then only could he pass an order of acquittal for reason of absence of the complainant. The order impugned does not mention those details. It is seen on perusal of the order