This revision has been directed by the Complainant in C.C. No. 14899 of 2007 as against the dismissal of his complaint by the learned VII Metropolitan Magistrate, George Town, Chennai.

2. The respondent is being prosecuted before the said Court for an offence under Sec.138 N.I. Act. It is a cheque bouncing case. The cheque amount is Rs.2,69,660/-. The accused defended the case himself through a lawyer.

3. On 25.11.2010, the learned Magistrate while dismissing the complaint held as under:

''Complainant absent for the past 3 hearings. No representation. Accused present. Trial stage. Matter is pending from the year 2007. Already final notice sent to complainant on 21.1.2010. Thereafter, complainant appeared 2 times. Without proceeding trial then from 11.6.2010 neither complainant nor counsel appeared without cooperation either from Complainant or from counsel. This Court not able to proceed the matter further. Final notice already issued to complainant but neither complainant nor counsel appeared even today. Hence complaint is dismissed.''

4. The learned counsel for the revision petitioner contended that the learned Magistrate purported to have passed an order under Sec.256 Cr.P.C.