This appeal is filed by the appellant/complainant

under Section 378 of Cr.P.C for setting aside the order of

dismissal of complaint on the ground of default dated

16.01.2018 in C.C.No.17436/2017 passed by the XX

Additional Chief Metropolitan Magistrate, Bengaluru for the

offence punishable under Section 138 of Negotiable

Instruments Act, 1881 and direct the trail court to restore

the complaint.

2.

Heard the arguments of learned counsel for the

appellant and learned counsel for the respondent.

3.

The rank of the parties before the trial court is

retained for the sake of brevity and convenience.

4. The case of the complainant is that the accused-

respondent borrowed loan of Rs.25 lakhs and for

discharging loan he has issued a cheque which was

dishonoured and therefore a complaint under Section 200

Cr.P.C read with 138 of Negotiable Instruments Act, 1881,

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has been filed before the JMFC, Holalkere District

Chitradurga. Subsequently on the point of jurisdiction the

same was transferred to Bangalore and registered as PCR

No.14059/2015. Subsequently the case was set down for

hearing on interlocutory application for condoning the

delay in filing the complaint as per Section 142 (3) of NI