JUDGMENT:

Questioning the judgment dated 04.10.2023 in CC No.148 of 2018 passed by the III Additional Judicial Magistrate of First Class, Rajamahendravaram, in dismissing the private complaint filed by the appellant herein for default and acquitting the 1st respondent/accused under Section 256(1) Cr.P.C., the present appeal has been filed.

2. Brief facts of the case are that, the appellant herein filed a private complaint in CC No.148 of 2018 on the file of the Court of the III Additional Judicial Magistrate of First Class, Rajamahendravaram against the 1st respondent/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The trial in the above case was commenced in the year 2019 and PW.1 filed his evidence in chief by way of an affidavit. Thereafter, the case underwent several adjournments for cross-examination of PW.1. On 04.10.2023, as there was no representation on behalf of the appellant, the trial Court dismissed the complaint for default, which is impugned in the present criminal appeal.

3. Learned counsel for the appellant contends that PW.1 has filed his chief affidavit in the year 2019 and then onwards, it was underwent several adjournm