JUDGMENT :

1. The appellant, a proprietorship firm filed a complaint under Section 138 of the Negotiable Instrument Act. The said complaint was registered as Case No.C-79 of 2010 in the court of learned Chief Metropolitan Magistrate, Calcutta. The case was subsequently transferred to the 3rd Court of the Metropolitan Magistrate, Kolkata for trial and disposal. It appears from the lower court record that on 20th July, 2017, the accused was examined under Section 251 of the Code of Criminal Procedure. Substance of acquisition under Section 138 of the Negotiable Instrument Act was stated and explained to him. He pleaded not guilty. Accordingly the case was fixed for trial. Next date for recording evidence was fixed on 30th October, 2017. On that date the complainant was present; the accused was represented under Section 205 of the Code of Criminal Procedure by his learned Advocate; however, trial of the case did not commence and the learned Magistrate suo moto adjourned the hearing of the case fixing 13th March, 2018 for evidence. On 13th March, 2018 the complainant was absent without any step. Therefore, the learned Magistrate directed him to file show cause as to why the case shall n