Prashant Kumar Agarwal, J. - (1.) The complainant-appellant has preferred this criminal appeal under Section 378 Cr.P.C. against the order dated 1.8.2007 passed by Chief Judicial Magistrate, Kota in Criminal Case No.310/2007 whereby the learned trial Court dismissed the complaint filed by the appellant under Section 138 of N.I. Act on account of his absence and non-prosecution of the complaint on the aforesaid date treating the impugned order as acquittal of the accused-respondent in the light of Section 256 Cr.P.C.
(2.) The appellant filed leave to appeal under Section 378 Cr.P.C. and the same was allowed vide order dated 24.7.2012 and the appeal was ordered to be registered.
(3.) From the office report, it appears that the accused-respondent has been duly served, but she has remained unrepresented. Heard learned counsel for the appellant.;