( 1 ) THIS matter was in the hearing list on 18-11-1996 and none appeared for the appellant and respondent. In those circumstances, I went through the entire papers and posted the matter on 19-11-1996 for judgement expecting that counsel may appear and argue their respective cases. Thereafter, matter was in the list. It was also on the list on 25-11-1996, none appeared on that day. In those circumstances, it is posted today i. e. , on 26-11-1996. Today also nobody appeared for the parties. The learned Public Prosecutor who is present before this Court submits that he is only a formal party since it is a private complaint case filed by the appellant.

( 2 ) AGAIN I went through the entire record. From the record it is clear that the present appellant by name Messers Baba Finance Corporation filed a complaint under Section 200 Cr. P. G against the respondent Mohammad Nayeem alleging that the respondent has committed offence under Section 138 read with Section 142 of Negotiable Instruments Act. On behalf of the complainant, he examined p. W. 1 V. S. Ravi Kumar, said to be i ts Managing Partner as PW-1 and got certain documents marked. Ex. P-1 is an application given by