The present appeal is filed by the complainant under Section 378(4) CrPC aggrieved by the judgment dated 18.10.2006 passed in C.C. No.411 of 2003 on the file of Judicial Magistrate of First Class, Tandur.

2. The appellant/complainant filed a private complaint against the accused for an offence punishable under Section 138 of the Negotiable Instrument Act. On 11.10.2006 the Judicial Magistrate of First Class, Tandur passed the following order :

Complainant absent. Accused called absent. NBW pending. It is the matter of 2003, if the complainant failed to take steps to execute the NBW by next date of hearing, the C.C. stands dismissed. Call on 18.10.2006.

3. On 18.10.2006 neither the complainant nor the accused were present before the Court and N.B.W. issued against the accused were still pending. Since the complainant did not comply with the order dated 11.10.2006, the learned Magistrate acquitted the accused.

Aggrieved by the same, the present appeal is filed.

4. Heard the learned counsel for the appellant.

5. A perusal of the impugned order would show that the N.B.Ws. issued against the accused are pending till the said date. The learned counsel for the appellant mainly submits