Mir Dara Sheko, J. - (1.) Affidavit of service is filed enclosing the fate of sending document under speed post pursuant to the order dated 18th April, 2017, it appears that the process could not be served which has returned back to the appellant with the endorsement of the post peon "address left".
(2.) Heard Mr. Krishna Rao, learned advocate submitted that the notice of the case already was served upon the respondent through the Registry on 15.06.2017. Verifying the case records, this Court find the fact is true and despite service of notice there was no appearance on behalf of the respondent. In view of above, no further direction for service any fresh notice is dispensed with. The matter is taken up for hearing at the instance of the learned counsel for the appellant.
(3.) Heard Mr. Krishna Rao, learned advocate representing the complainant/appellant G.Shekar who filed the complaint under section 138 of the Negotiable Instruments Act, 1881 against the accused Smt K. Prasanna Jyoti Rao. Mr. Rao assailing the order No. 15 dated 22nd March, 2016 by which the learned Judicial Magistrate First Class 2nd Court, Port Blair acquitted the respondent under section 256(1) of the Code of Criminal Procedure, 1973. Mr. Rao submitted that said order being illegal and not in consonance with the provisions under section 256(1) of the Code of Criminal Procedure, 1973, the same should be set aside giving liberty to the appellant to pursue the complaint case for its disposal on merit in accordance with law.;