ORDER :

1. The petitioner is before this Court aggrieved by the order dated 7.6.2014 passed by the Civil Judge and JMFC, Bagepalli in C.C. No. 577/2013 dismissing the application filed by the petitioner under Section 431 of Cr.P.C.

2. The respondent is served in the matter and unrepresented. On the last occasion, this Court had made it clear that if there is no representation on behalf of the respondents, the matter would be taken up and decided with the available records. Today also there is no representation on behalf of the respondents. In view of the earlier order passed, the matter is taken up for hearing and disposal.

3. For the sake of convenience, the parties herein are referred to as per their rankings before the trial Court.

4. The petitioner/complainant had filed a private complaint against the respondent in PCR No. 44/2013 which came to be registered as C.C. No. 577/2013 for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I. Act’) before the Civil Judge and JMFC, Bagepalli. After taking cognizance, the Magistrate was pleased to issue summons to the respondent/accused. On service, respondent appeared through his counsel and obtained b