ORAL ORDER

The petitioner is before this Court calling in question an order dated 09.11.2022 passed by VII Additional District and Sessions Judge, Tumkuru in Crl.R.P.No.35/2023.

2. Heard Sri. V.B. Siddaramaiah, learned counsel appearing for the petitioner and Sri. N. Suresh, learned counsel appearing for the respondent.

3. The petitioner is the accused. The respondent is the complainant. The proceedings in C.C.No.58/2016 registered for offences punishable under Section 138 of Negotiable Instruments Act, 1881 ('the NI Act' for short) comes to be dismissed for its non-prosecution by an order dated 14.02.2023, thereby discharged the accused. The matter was at the stage of evidence. The complainant failed to appear. The complainant then challenges the said order of dismissal for its non-prosecution and the consequent acquittal before the Sessions Court in Crl.RP.No.35/2023. The learned Sessions Judge allows the criminal revision petition and remits the matter back to the concerned Court for consideration of a fresh. The accused is before this Court on the score that the revision petition was not maintainable, as t