The High Court dismissed a criminal appeal filed against the acquittal of an accused person. The acquittal followed the dismissal of a cheque bounce complaint under Section 138 NI Act due to the complainant's continuous absence and failure to prosecute.
The Criminal Appeal was dismissed; the acquittal of the accused is affirmed.
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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL APPEAL No. 358 of 2004
JUDGMENT:
The appeal is filed against the dismissal of the complaint under Section 256 of the Criminal Procedure Code, 1973 (for short “Cr.P.C.”) and consequently the acquittal of the accused in C.C.No.493 of 2000 on the file of the Additional Judicial First Class Magistrate, Sangareddy on 25.07.2003.
The complaint was filed under Section 138 of the Negotiable Instruments Act and after taking the case on file, the notices on the accused also could not be served. But, subsequently the accused and the complainant were continuously absent and the Court below has dismissed the complaint.
As can be seen from the docket proceedings, for several adjournments, the complainant was absent and there was no information and, therefore, it is the case of non-prosecution and not showing interest. Therefore, I do not find any reason to interfere with the order of the lower Court.
Accordingly, the Criminal Appeal is dismissed.
________________________ N.R.L. NAGESWARA RAO, J
Date: 15-02-2012 MR
THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL APPEAL No. 358 of 2004
DATE: 15-02-2012
MR
1 issue framed by the court
Whether the Criminal Appeal should be allowed given the dismissal of the complaint due to non-prosecution and absence of the complainant.
2 provisions across 2 enactments
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
