JUDGMENT :

1. Heard Mr. T.J. Mahanta, the learned counsel for the appellants and also Mr. A.K. Bhuyan, the learned counsel for respondent nos. 2 and 3. Respondent No. 1 is a formal party.

2. The appellant here as a complainant filed a complaint under Section 138 of N.I. Act for dishonour of cheque amounting to Rs. 60 (lacs) issued by respondent, which is registered as CR Case No. 2953C/2005. The said case proceeded for trial and after framing of charge, the complainant examined two witnesses in support of his case and on the prayer of the other side the bank official PW2 was summoned for cross-examination. On the day when that witness was present, that is, on 05.01.2015, as the appellant/complainant was absent without step, hence, the case was dismissed by the court with the following order.

“Complainant is absent without any step.

Accused is present. One witness has appeared but could not be examined due to the absence of complainant. On perusal of CR, it appears that the complainant has personally not appeared since long. It also appears from the record that the conduct of the complainant towards this case is not satisfactory and complainant himself is delaying this case.

Considering