This appeal is filed by the appellant under section

378 (4) of Cr.P.C for setting aside the order of dismissal of

the complaint dated 27.05.2015 in C.C.No.14473/2011 on

the file of XVI Additional Chief Metropolitan Magistrate,

Bengaluru City.

2.

Heard the arguments of learned counsel for the

appellant and learned counsel for the respondents.

3. The case of the appellant is that the appellant

filed the complaint under Section 200 Cr.P.C against the

respondent-accused for the offences punishable under

Section 138 of Negotiable Instruments Act, 1881 (NI Act)

and after taking cognizance the accused was secured by

the trial Court and NBW was issued and it was recalled by

the respondent-accused. Subsequently, on 16.2.2015 the

complainant counsel was absent, the accused filed

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application under Section 256 of Cr.P.C for dismissing the

complaint. Hence notice was ordered to issue to this

complainant but on the next date i.e., on 27.5.2015 again

the complainant and counsel for the complainant were

absent. In spite of the notice, the complainant was

absent, steps was not taken to issue the process to the

accused, therefore complaint came to be dismissed for

default as well as for non-pr