ORDER

1. This appeal is finally heard at motion stage.

2. This appeal is filed under Section 378 (4) of Cr.P.C. against the order dated 04.05.2018 whereby complaint case No. 29825/2006 (Vivek Choudhary Vs. Narendra Rai) under Section 138 of Negotiable Instrument Act (hereinafter referred to as N.I. Act) has been dismissed in the absence of complainant.

3. Learned counsel for the appellant has submitted that appellant filed a complaint under Section 138 of N.I. Act before the learned JMFC on 01.11.2006. Complainant could not appear before the trial Court on 04.05.2018, in his absent learned trial Court dismissed the complaint case under Section 256 of Cr.P.C. and acquitted the respondent/accused. He further submitted that learned Magistrate has not taken into note that on 12.04.2018, respondent/accused had paid cheque amount of Rs. 50,000/- to the appellant/complainant. There was a possibility of compromise between the parties due to which complainant did not appear in the Court on 04.05.2018. Learned JMFC has dismissed the complaint case without assigning proper reasons. Complainant was pursuing complaint case for the last 12 years for getting his money back from the respondent/accu