ASHIM KUMAR ROY, J.

On a complaint in writing made to the Court by the petitioner PCS Industries Limited alleging commission of offences punishable under Sections 420/406/418/506/120B of the Indian Penal Code, a case being Complaint Case No. C-4350/2004 was registered. While the aforesaid case was pending for trial before the learned Metropolitan Magistrate, 3rd Court, Calcutta, on June 16, 2009 the complainant was absent in Court without taking any steps and the learned Magistrate dismissed the complaint under Section 256 of the Code of Criminal Procedure.

The petitioner being aggrieved by such order preferred an appeal before the City Sessions Court, Calcutta being Criminal Appeal No. 62 of 2009. Such appeal was filed along with an application for condonation of delay under Section 5 of the Limitation Act. However, on the date fixed for hearing, since nobody appeared on behalf of the petitioner to press such application, the learned Chief Judge, City Sessions Court, Calcutta, dismissed the application for condonation of delay and the appeal. The petitioner in the instant criminal revision challenged the said order of dismissal before this Court.

2. At the time of he