1. This criminal revision petition under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure (hereafter referred to as `the Code') has been preferred by the petitioner-complainant (hereafter referred to as `the petitioner') against the order dated 18.6.2001, passed by the learned Additional Chief Judicial Magistrate, Shimla, in Criminal Complaint No. 167-3 of 1999, whereby the respondent accused (hereafter referred to as `the respondent') has been acquitted on the ground of non-appearance of the complainant under Section 256 of the Code.

2. The undisputed facts are that the petitioner filed a complaint against the respondent in the Court of the learned Additional Chief Judicial Magistrate, Shimla, under Section 138 of the Negotiable Instruments Act, 1881. The complaint was listed for hearing on 18.6.2001 for evidence of the complainant. The complainant, however, applied for exemption, but after hearing the parties, the Court declined the exemption, and rejected the application. Thus, the Court observed that the complainant is not present nor he has taken steps for summoning the witnesses, though three opportunities had already been granted to him, but