This criminal revision petition has been filed challenging the order dated 16.11.2007 passed by the learned Sub-Divisional Judicial Magistrate (Sadar) ('SDJM' for short) No. 1, Kamrup at Guwahati in C.R. Case No. 2959c/2005 whereby and whereunder the case of the complainant was dismissed for default and the accused was discharged after framing of charge. I have heard Mr. R.K. Agarwala, learned counsel appearing for the petitioner. Also Heard Ms. B. Bhuyan, learned Addl. P.P., Assam appearing for the respondent No. 2. None appeared for the respondent No. 1 despite their names shown in the cause list.

2. A complaint was filed by the petitioner against the opposite party No. 1 in the Court of the learned Chief Judicial Magistrate, Kamrup, Guwahati which was registered and numbered as C.R. Case No. 2959C/2005. The case was transferred to the Court of learned SDJM (S) No. 1, Kamrup, Guwahati. The learned SDJM(S) No. 1 took cognizance of the case and after examining the complainant under Section 200 Cr.P.C. finding a prima facie case against the accused/respondent No. 1 under Sections 417/418/420 IPC issued summons to the accused. During the course of the proceeding, thr