JUDGMENT :

Heard Mr. V. Jamoh, learned counsel for the appellant and Mr. G. Taloh, learned counsel for the sole respondent.

2. This appeal under Section 378 of the Cr.P.C, 1973 is directed against the order dated 20.07.2023, passed by the learned Chief Judicial Magistrate, Capital Complex, Yupia in C.R. Case No. 96/19 under Section 138 of NIA Act, 1881 by which the learned Chief Judicial Magistrate, Yupia has dismissed the said C.R. Case No. 96/19 for non-prosecution.

3. The case of the appellant in brief is that he filed a complaint case before the Court of the learned Chief Judicial Magistrate, Yupia against the respondent under Section 138 of the NIA Act, 1881 which was registered as CR Case No. 96/19. The trial proceeded, and after completion of evidence of the complainant witnesses, the accused was examined and his statement recorded under Section 313 Cr.P.C; thereafter, the case was fixed for evidence of the defence witnesses. And on 20.07.2023, the learned counsel for the applicant was present within the Court complex at Yupia, however as the case of the appellant was towards the last part of the cause list, the learned counsel for the appellant assuming that his matter will ta