JUDGEMENT
K.NATARAJAN,J. -
(1.)This appeal is filed by the appellant under sec. 378 (4) of Cr.P.C for setting aside the order of dismissal of the complaint dtd. 27/5/2015 in C.C.No.14473/2011 on the file of XVI Additional Chief Metropolitan Magistrate, Bengaluru City.
(2.)Heard the arguments of learned counsel for the appellant and learned counsel for the respondents.
(3.)The case of the appellant is that the appellant filed the complaint under Sec. 200 Cr.P.C against the respondent-accused for the offences punishable under Sec. 138 of Negotiable Instruments Act, 1881 (NI Act) and after taking cognizance the accused was secured by the trial Court and NBW was issued and it was recalled by the respondent-accused. Subsequently, on 16/2/2015 the complainant counsel was absent, the accused filed application under Sec. 256 of Cr.P.C for dismissing the complaint. Hence notice was ordered to issue to this complainant but on the next date i.e., on 27/5/2015 again the complainant and counsel for the complainant were absent. In spite of the notice, the complainant was absent, steps was not taken to issue the process to the accused, therefore complaint came to be dismissed for default as well as for non-prosecution, which is under challenge.
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