ABHI VARNA ENTERPRISES Vs. SAI SREENIDHI PROJECTS

JUDGEMENT

(1.) This appeal is by the complainant, challenging the dismissal of the complaint filed by it as against respondent No.2/accused No.2, in a complaint filed against respondent Nos.1 to 3/accused for the offence punishable under Sec. 138 of N.I.Act. It is contended by the complainant that though initially respondent No.2/accused No.2 appeared and secured bail, later on he remained absent.

(2.) Learned counsel for complainant submitted that in fact the trial was proceeded against respondent Nos.1 and 3/accused Nos.1 and 3 and they have been convicted and appeal filed by them was also dismissed. In the circumstances, he prays to allow the appeal, restore the complaint so as to enable complainant to proceed against him.

(3.) After due service of notice respondent Nos.1 and 2 have appeared through counsel.