(1.) The appellant original complainant has preferred this appeal under section 378 of Criminal Procedure Code challenging the order dated 15/6/1998 passed by learned Metropolitan Magistrate Court No. 9 in Criminal Case No. 1276 of 1993 where under the court on account of absence of complainant and his advocate, without any report dismissed the complaint and discharged the accused of the charge of committing offence under section 138 of the Negotiable Instruments Act.
(2.) The facts need not be elaborated as the entire challenge rests on the short order that has been passed by learned Metropolitan Magistrate which has resulted into discharging the accused / respondent no.2 herein of the charge of committing offence under section 138 of Negotiable Instruments Act. However without adverting to the facts elaborately, the short facts are set out hereunder in deciding this appeal.
(3.) The appellant original complainant is a consulting Radiologist having his consulting room at K.B. Commercial Center, Opposite Dinabai Tower, Laldarwaja, Ahmedabad. Respondent no.2, original accused is a general merchant doing business in chillies, who is partner of Shri Haribansh situated at 7 Lines Street, Patna Bazar, Guntur, Andhra Pradesh. Said firm is having its account with Mahila Utkarsh Nagrik Sahakari Bank Limited at Ahmedabad and current account number is 171. The appellant complainant advanced different amounts as deposit to the firm Shri Haribansh as they required funds for their business, at the rate of 18 % interest p.a. Respondent firm issued post-dated cheque duly signed by respondent no.2 herein.