THE HON’BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.937 of 2016

ORDER:

This Criminal Appeal is filed under Sections 374(2) of Cr.P.C.

assailing the order dated 12.08.2016 passed in C.C.No.229 of 2016 on the file of the Special Magistrate, Miryalaguda, wherein and whereby respondent No.1/accused was acquitted under Section 256 of Cr.P.C.

due to the absence of appellant/complainant.

2 It is apt to reproduce relevant portion of the impugned order herein:

“ Accused is called present. Complainant is called absent and no representation on behalf of complainant. In the interest of justice matter is kept aside. Even after some time also complainant is called absent and no representation. Accused is present. Complainant is not showing interest. Hence, complaint is dismissed.”

3. Section 143 of the Negotiable Instruments Act, 1881 (for short, ‘NI Act’) mandates a summary trial for the offence under Section 138 of NI Act, applying the procedure for summons cases under the Code of Criminal Procedure, 1973, as detailed in Chapter XX. In this Chapter, Section 256 of Cr.P.C. deals with a situation of non-appearance of the complainant.

4. Applicability of Section 256 Cr.P.C. in a complaint filed und