C.A.V ORDER

This petition is filed by the accused under Section 482 of Cr.P.C. assailing the order of the revisional Court passed in Crl.R.P.No.228/2023 wherein the dismissal of the complaint for default by the learned Magistrate for the offence punishable under Section 138 of Negotiable Instruments Act (for short "N.I. Act") is set aside and the matter is remitted back to the learned Magistrate.

2. The facts leading to the case are as under:

Respondent/complainant instituted a private complaint under Section 200 of the Cr.P.C. alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act. Upon recording the sworn statement of the complainant, the learned Magistrate took cognizance and ordered issuance of summons to the petitioner/accused. As the petitioner/accused though appeared failed to appear on subsequent dates, a non-bailable warrant was issued. Despite the same, the petitioner/accused could not be secured. Consequently, the complainant invoked Section 82 of the Cr.P.C. seeking issuance of proclamation, which was accordingly ordered by the learned Magistrate. The petitioner/accused was thereafter declared as a proclaimed offender, and the comp