JUDGMENT

This appeal is filed by the complainant in S.T.

No.1581/99 on the file of the Judicial First Class Magistrate's Court-I, Thrissur, assailing the acquittal of the first respondent/accused of offence punishable under Section 138 of the Negotiable Instruments Act , vide Section 256 (1)

Cr.P.C. The impugned order reads as follows:

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

The complainant not being present either in person or by pleader, the accused is acquitted under Section 256 Cr.P.C.”

2. There is no mention in the order as to for what purpose the case stood posted, viz., as to whether the case stood posted for evidence or for any other purpose, to 30.4.2001, the date on which CRA 1757/07 2 the accused was acquitted. Mere absence of the complainant is not a ground for acquitting the accused under Section 256 (1) Cr.P.C. and to dispose of the case, unless by such absence the court below was disabled from making any progress in the case. There is no mention at all of any such event having happened in the instant case. The order passed by the court below is in a mechanical manner and is not at all satisfactory. However, it is noticed that the S.T.