DIPAK SAHA RAY, J. - (1.) THE instant appeal arises out of an application under section 378 (4) of the Code of Criminal Procedure, 1973.
(2.) IT is directed against order No 22 dated 12.05.2011 passed in connection with CR case No 07 of 2009 (TR No 127 of 2009) under section 138/142 of the Negotiable Instruments Act whereby the learned Trial Court dismissed the said CR case and acquitted the accused / appellant herein. The grievances of the petitioner may be capsulated in few sentences as follows:- The appellant herein as complainant filed a petition of complaint under section 138/142 of the Negotiable Instruments Act against the respondent herein. After considering the petition of complaint and the documents filed, the learned Trial Court took cognizance of the offences under section 138/142 of the Negotiable Instruments Act and issued process against the accused / respondent herein. Subsequently, as the complainant did not appear before the Trial Court on the date fixed for taking evidence i.e., on 07.04.2011, the learned Trial Court directed the complainant to file show cause on 12.05.2011 as to why the case should not be dismissed for default. But the complainant was again found absent without any step on 12.05.2011. Accordingly the learned Trial Court dismissed the case for non prosecution and acquitted the accused. It is also the case of the appellant that no notice intimating the direction of the Court made in order dated 07.04.2011 was issued and served upon either the complainant or his learned counsel and as such the complainant and his learned advocate had no knowledge about the said order.
(3.) BEING aggrieved by and dissatisfied with the impugned order of acquittal dated 12.05.2011, the appellant has preferred the instant appeal.;