Per S. PALANIVELU, J.

1. The appellant is the complainant before the learned District Munaif / Judicial Magistrate, Rasipuram, where he presented a private complaint under Section 138 of the Negotiable Instruments Act against the respondents / accused which was taken on file in C.C. Nos. 13 of 2006 and 12 of 2006 respectively, which was based upon a cheque delivered by the accused which was dishonoured.

2. Since the accused was absent before the said Court, NBW was issued on the same day and it was pending. On 12.7.2007, while the complaint was taken up for hearing, the complainant was absent and hence the said Court passed an order as follows :

“Complainant absent. No representation. Accused NBW Pending. Complainant appearance is very absence to report about the execution of NBW since, complainant is absent. The stage of execution of NBW could be known. Hence, this complainant is dismissed. under Section 256 Cr.P.C. Accused acquitted.”

3. Before entering into the discussion regarding proposition of law, the circumstance under which the impugned order came to be passed by the learned District Munsif /Judicial Magistrate, Rasipuram has to be seen.

4. The accused are mo