2010 (7) TMI 1212

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...., Erode against the accused for the offence under Section 138 of Negotiable Instruments Act. After the said complaint being filed, it was posted on 12.05.2010 for recording the sworn statement of the complainant. As the complainant was not present, it was adjourned to 17.05.2010. Even on that day, since the complainant was not present, the learned Magistrate dismissed the complaint. Aggrieved by t....

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....ounsel for the petitioner further contended that before dismissing the complaint, the learned Magistrate could have sent any notice to the complainant. 3. This Court considered the submissions made by the learned Counsel for the petitioner and perused the materials available on record. 4. Under Section 190(1)(a) Cr.P.C., the Magistrate has to receive the complaint and thereafter, under Section 2....

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....g cognizance of the complaint and issuing summons to the accused, if the complainant is absent, as per summons case procedure, the Magistrate may invoke Section 256 Cr.P.C. and acquit the accused. After filing the complaint and the Magistrate, on receiving the complaint fixes any date for recording the sworn statement of the complainant and the complainant is absent on that date and also on the su....