PRASHANT KUMAR AGARWAL,J. - (1.) The complainant-appellant has filed this appeal under sub-section (4) of Section 374 Cr.P.C. against the order dated 29.7.2010 passed by the Additional Judicial Magistrate (First Class) Baran in Criminal Case No. 411/2008 whereby the learned trial Court dismissed the complaint filed by the appellant by the reason of his absence before it and thereby acquitting the respondent-accused for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred "the Act").
(2.) Brief relevant facts for the disposal of this appeal are that on complaint being filed by the appellant, cognizance for offence under Section 138 of the Act was taken against the respondent by the trial Court vide order dated 10.11.2008 and when respondent put his appearance before the trial Court, gist of aforesaid offence was read over to him on 8.12.2008 and the case was fixed for recording evidence on behalf of the appellant. It appears that on the joint prayer of the parties, the case was referred to District Legal Services Authority, Baran so that the dispute between them can be settled through compromise but the parties could not arrive to an amicable settlement and, therefore, the case was referred back to the trial Court for further proceedings. Vide order dated 23.6.2010 last opportunity was granted to appellant to produce his evidence and the case was ordered to be listed on 29.7.2010 for that purpose. On the date so fixed neither complainant-appellant was present nor evidence was produced and application for exemption for appearance of appellant was filed. Learned trial Court by declining the application dismissed the complaint itself under Section 256 Cr.P.C. in absence of appellant and as a result thereof respondent-accused was acquitted for the offence for which the complaint was filed.
(3.) Accused-respondent did not appear before this Court despite due service of notice upon him.;