JUDGMENT

P.N. Desai, J. - Appeal is filed assailing the order dated: 17.10.2018 passed by Vth Additional Civil Judge and JMFC Court at Kalaburagi in C.C.No. 2735/2013, wherein the learned JMFC dismissed the case for non-prosecution.

2. The brief case which has given rise for consideration of this appeal is that:-

The appellant was a complainant before the Trial Court who filed a private complaint against the respondent/accused for offences under Section 138 of Negotiable Instruments Act, 1881 (for short hereinafter referred to as 'N.I Act'). After recording the sworn statement, the criminal case number was given as C.C.No.2735/2013, but the said case came to be dismissed for non-prosecution, as the complainant has not appeared before the Court. Being aggrieved by the impugned order, this appeal is filed.

3. Heard Sri. Santosh Paitl, learned counsel for the appellant and Sri. M.A.Jagirdar, learned counsel for the respondent.

4. The learned counsel for the appellant argued that the learned JMFC has not dismiss the case on merits instead the case was dismissed for default. Learned counsel submits that respondent/accused has borrowed a sum of Rs.4,50,000/- from the complainant. But the accu