1. The present Criminal Leave to Appeal is filed by appellant/complainant ICICI Bank impugning the order dated 2nd May, 2011 vide which the complaint filed by the Appellant Bank under Section 138 NI Act was dismissed under Section 256 (1) Cr.P.C and accused i.e. respondent No.2 was acquitted.

2. The case of the appellant is that the appellant/complainant was prosecuting the matter diligently and appearing on each date. On the date 02.05.2011 when the complaint was dismissed, the AR could not appear before the learned Trial Court due to wrong noting of the date of hearing of the said complaint by the counsel for the complainant.

3. The impugned order has been challenged on the ground that the learned M.M could have adjourned the matter to some other date instead of dismissing the complaint. In the circumstances, that the amount of Rs.11 lacs is involved and it would be a loss of public exchequer if the complaint is not restored, it has been prayed that the complaint be restored in the interest of justice and matter be allowed to be proceeded in accordance with law.

4. Notice of the petition was given to State as well as issued to the respondents No.2 and 3. Respondent No.3