BHANWAROO KHAN, J. - (1.) A complaint under Section 138 of the Negotiable Instruments Act was lodged by the petitioner against respondent in the Court of Addl. Chief Judicial Magistrate No.l, Jaipur City, Jaipur and while remaining pending the proceedings an order for non-prosecution of the complaint was passed on 6.6.2005 and the complaint of the petitioner came to be dismissed by the said order. Feeling aggrieved of the order of the trial court dismissing the complaint, the petitioner has filed the present misc. petition under Section 482 Cr.P.C.
(2.) HEARD learned counsel for the petitioner and learned counsel for the respondent. Learned counsel for the petitioner submits that the impugned order specifically reveals that it has been passed due to non-appearance of the complainant and the proceedings have been dropped in a matter under Section 138 of the Negotiable Instruments Act which was fixed for evidence. The complaint is certainly a private complaint but the lower court has not specified under which provision the proceedings have been dropped. Whether it was under Section 249 or 246 Cr.P.C. Referring to the order-sheets submitted along with the file learned counsel for the petitioner submits that on the earlier dates the complaint was not present and that the matter was called twice. As the complainant did not appear, the complaint was dismissed. Although the com- plainant was represented by an advocate but the advocate also did not appear. On the strength of the above submissions learned counsel for the petitioner submits that the order passed by the trial court amounts to misuse of the proc ess of law and also against the interest of justice.
(3.) LEARNED counsel for the respondent supporting the impugned submits that no interference is required to be called for in the impugned order.;