REKHA AMARLAL Vs. NIKHIL KUMAR GUPTA

JUDGEMENT

(1.) This appeal is listed for Admission. With the consent of learned counsel for both the parties, the matter is taken up for final disposal.

(2.) In this appeal, the appellant has challenged the order passed by the trial Court in C.C. No. 13930/2014 dated 24.08.2016 whereby, the trial Court dismissed the complaint and acquitted the accused for the offence punishable under Section 138 of NI Act.

(3.) At this point, it is relevant to refer to the order sheet maintained by the trial Court. The trial Court in its order dated 24.08.2016, recorded a finding that, the complainant is irregular in appearing before the Court. PW. 1 has not tendered for cross-examination in spite of giving sufficient opportunity. It appears that the complainant is not interested in prosecuting the matter. Since, PW.1 has not tendered for cross-examination, the evidence of PW.1 is discarded and the complaint is dismissed. Consequently, the accused is acquitted of the offence punishable under Section 138 of NI Act. The bail bond stands cancelled.