(Surinder Singh, J.) (Oral) - The appellant was a complainant in complaint No. 120-3 of 2007, filed under Section 138 of the Negotiable Instruments Act in short ‘the Act’ against the respondent.

2. The complaint was dismissed in default vide order dated 25.7.2007 by the Judicial Magistrate, Court No. (3), Shimla, which has an effect of acquittal.

3. Against dismissal of her complaint, the appellant herein preferred a revision petition in the court of Sessions, which was withdrawn on 6.6.2008, perhaps realizing that the revision was not competent and the order was appealable. As such, the present appeal has been filed, assailing the order of dismissal in default, which was barred by limitation, however, vide order dated 26.2.2009, the delay was condoned.

4. I have heard the learned Counsel for the parties and have examined the record.

5. As a matter of fact, the appellant had filed a complaint before the learned trial Court on 30.3.2007.

6. The preliminary evidence by affidavits was led before the learned trial Court on 10.5.2007, on considering the complaint, the documents appended thereto and also the affidavits filed in support of the complaint, the learned t