Heard arguments.

2.

The appellant/complainant has preferred this

appeal against the order of dismissal of the complaint for

non prosecution dated 27.04.2023 on the file of II Addl.

Civil Judge and JMFC, Devanahalli.

3.

The rank of the parties in this appeal are

referred in the same rank as referred by the Trial court.

4.

The complainant has filed complaint under

Section 200 of Cr.P.C. against the accused for the

commission of offence punishable under Section 138 of

N.I. Act. The trial Court took cognizance against the

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accused and a case was registered in CC No.5040/2016

and summons was issued to the accused.

5.

In response to the summons, accused appeared

before the Court and took bail. As the accused has not

regularly appeared before the Court, NBW was issued

against him as per order dated 06.01.2020 and the case

was posted to 19.02.2020. On 19.02.2020 accused was

present and an application was filed under Section 70(2)

of Cr.P.C. and the same was allowed by the trial Court on

cost of Rs.100/- and substance of accusation was

recorded. Accused pleaded not guilty and claimed to be

tried. Then, case was posted for evidence on 07.04.2020.

Due to pandemic Covid-19, in view