Rajiv Shakdher, J.—Leave granted.

2. Briefly by this petition the order dated 20.4.2006 passed by the learned Magistrate in complaint No. 1559/1/2003 is sought to be assailed. By the said order the learned Magistrate has dismissed the complaint for non-prosecution and, consequently, acquitted the accused. The appellant being aggrieved has preferred the present petition to this Court.

3. The facts and circumstances in the background of which the present appeal has been instituted is briefly set out hereinafter:

3.1 The respondent being desirous of purchasing a vehicle, approached the Centurian Bank Ltd. (in short the ‘Bank’), through the appellant. The appellant at the relevant time was the constituted attorney for granting such like loans. For the said purpose a tripartite agreement bearing No. NE 1386/3/2001 dated 27.3.2001 (in short ‘tripartite agreement’) was executed amongst the appellant, the Bank and the respondent. It is not disputed that the loan was disbursed to the respondent, who purchased a vehicle bearing model No. 10.70 HSD. For the purposes of repaying of the said loan, the respondent had issued cheques. One such cheque drawn on the Nainital Bank Ltd. Br. Ran