1. This appeal is directed against the impugned order dated 10.12.2010 passed by learned Judicial Magistrate First Class, Kota dismissing the Criminal Case No. 558 of 2010 for want of prosecution as a result of which respondents have been acquitted.

2. Brief facts of the case are that on 07.09.2010 a complaint case was filed by the appellant / complainant under S.138 of the Negotiable Instruments Act alleging in it that a cheque for Rs. 1,85,000 issued by the respondents has been dishonoured and therefore they have committed an offence. The said case was duly registered by the Court on 15.09.2010 and notices were directed to be issued to the respondents. The respondent No. 1 Suryabhan Singh appeared before the Court below on 20.10.2010 and was granted bail by the Court below. On 22.11.2010 the Court again issued notices to respondent No. 2 Manna Lal Yadav and the next date was given as 10.12.2010. On 10.12.2010 at 12.45 p. m. the case was taken up by the Court and on the said date the appellant, his counsel and respondent No. 2, Manna Lal Yadav were absent but respondent No. 1 Suryabhan Singh was the only person who was present in the Court. The learned trial Judge has dismissed