SRIDHAR KUMAR BUKKA Vs. C.G. INFRA ENGINEERING

JUDGEMENT

(1.) The present appellant was the complainant before the Court of learned XXII Additional Chief Metropolitan Magistrate, Benglauru City (hereinafter for brevity referred to as the 'trial Court') in C.C.No.32854/2014. The said criminal case was filed by the complainant against the respondent herein for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the 'N.I. Act'). The trial Court by its impugned order dated 14.09.2015, dismissed the complaint for non-prosecution. Seeking setting aside of the said order and conviction of the accused for the offence punishable under section 138 of the N.I. Act, the appellant/complainant has preferred this appeal.

(2.) Though the matter was listed in the Admission, however, with the consent of learned counsel from both side, the matter is taken up for final disposal.

(3.) It is not in dispute that the present appellant was the complainant in the trial Court, who had lodged a complaint against the present respondent for the offence punishable under section 138 of the N.I. Act. A perusal of the certified copy of the order of the trial Court which is produced along with Memorandum of Appeal go to show that for the purpose of cross-examination of the complainant as PW-1 from the accused side, the matter was posted by the trial Court on 31.07.2015. On the said day, both the complainant as PW-1 and his counsel were present, however, the matter was not taken up on the said date since, non-bailable warrant was issued against the accused. As such the matter was adjourned to 10.08.2015.