( 1 ) THE opponent No. 1 herein was convicted for the offence under sec. 420 of Indian Penal Code and in appeal filed by him against the said judgment and order of conviction the applicant who had filed private complaint in the Court was not given notice. Therefore he feels aggrieved. According to the applicant he has a right to receive notice of hearing as provided under sec. 385 (1) (iii) of Criminal Procedure Code. Therefore the question is has the applicant (original complainant) any right whatever to receive such notice as to hearing of appeal ?

( 2 ) NECESSARY facts in brief be stated first. The applicant filed a complaint in the Court of learned Metropolitan Magistrate Ahmedabad alleging that the opponent No. 1 (original accused) had committed offence of cheating and had misappropriated an amount of Rs. 12 0 It was alleged that the applicant and the accused were working as Directors of a Bank known as Apex Bank. Thus the applicant and the accused were knowing each other. The applicant advanced an amount of Rs. 12 0 to the accused. It was the case of the applicant that as per the promise and as per the post-dated cheques of Rs. 500. 00 each given to the applica