M.L. Mehta, J.—The petitioner assails the order of the learned MM dated 19.07.2011 dismissing his application under Section 256 CrPC, in complaint case bearing C.C No. 12040/2009 under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the “Act”).

2. The brief facts necessitating the present petition are that between the period 06.10.1997 and 31.10.1997, the respondent/ complainant company had presented certain cheques issued by the petitioner, which were dishonoured. The respondent/ complainant company, due to non-payment of the cheque amounts, preferred a complaint against the petitioner before the learned ACMM under Section 138 of the Act which was subsequently renumbered and marked as CC No. 12040/09. In the process, the respondent/ complainant’s evidence was recorded and also the petitioner’s statement under Section 313 CrPC was recorded by the learned MM. Thereafter, between 23.08.2010 to 19.07.2011, for 6 consecutive hearings, none appeared for the respondent/complainant before the learned MM. The petitioner preferred an application under Section 256 CrPC praying acquittal of the petitioner due to non-appearance of the complainant/respondent, w