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Judgment
This is an appeal against acquittal. The appellant is
the complainant in S.T.22 of 2009 of the Judicial First Class
Magistrate''s Court-I, Mavelikara, wherein, the offence
punishable under Section 138 of the Negotiable
Instruments Act is alleged. The accused appeared in the
trial court and projected a defence that the blank cheques
given by him in some other transactions were dishonestly
misused by the complainant to bring a false prosecution.
On an appreciation of the evidence and on an examination
of the different cheques and the agreement in question,
the trial court found that the case of the complainant is
really suspicious, and practically accepted the defence
projected by the accused. Accordingly, the accused was
found not guilty, and he was acquitted by judgment dated
10.11.2009. The said judgment of acquittal is under
challenge.
When this appeal came up for hearing, there was
nobody to represent the appellant. The accused remained
absent in spite of notice. When the complainant is not
interested to prosecute the appeal against the acquittal, the
acquittal made by the court below will have to be confirmed.
In the result, this appeal is dismissed for non-
prosecution.