2008 (2) TMI 955 - SC - Indian Laws

Summary

Issues involved: Prosecution under Section 138 of the Negotiable Instruments Act, application for acquittal due to complainant's absence, appeal before the High Court challenging acquittal, interpretation of Section 256 of the Code of Criminal Procedure.

Prosecution under Section 138 of the Negotiable Instruments Act:
The appellant was prosecuted in the Court of Metropolitan Magistrate for an offence under Section 138 of the Negotiable Instruments Act based on a complaint petition. Witnesses for the prosecution were examined, and the complainant closed her case. The appellant filed an application for cross-examination of the complainant, which was rejected. The appellant then applied for acquittal due to the complainant's absence, leading to the Metropolitan Magistrate acquitting the accused under Section 256 of the Code of Criminal Procedure.

Appeal before the High Court:
An appeal was filed before the High Court challenging the acquittal, which was allowed based on a previous court decision. The High Court did not serve notice upon the appellant before passing the order and appointed a legal aid counsel. The appellant appealed to the Supreme Court, arguing that the High Court erred in not considering his presence and submissions.

Interpretation of Section 256 of the Code of Criminal Procedure:
The respondent argued that the Magistrate could not have acquitted the accused under Section 256 as the matter was adjourned for examining defense witnesses. Section 256 provides for acquittal if the complainant does not appear, but in this case, the defense witnesses were yet to be examined, making the complainant's presence unnecessary at that stage.

Conclusion:
The Supreme Court acknowledged the delay in the case but directed the Trial Judge to proceed expeditiously. Both the accused and complainant were instructed to appear in court within two weeks. While disagreeing with the High Court's handling of the appeal, the Supreme Court dismissed the appeal, emphasizing the need for timely resolution of the case in accordance with the law.