JUDGMENT

This case was of the year 2007. It can be seen from the adjudication that when the complainant was earlier regularly attending the Trial Court in the year 2007 and 2008, the accused was absent and Non Bailable Warrant (NBW) was pending. It is at this stage, when the NBW was not being executed on 06.10.2009 and 03.11.2009, since the complainant was also absent and the NBW was also long pending and the complainant did not take any necessary steps to file the warrant process, the complaint was dismissed for default under Section 204 (4) of the Code of Criminal Procedure on

03.11.2011. Aggrieved by which, the present appeal has been filed.

2. The learned counsel appearing on behalf of the appellant would submit that the complainant had taken steps on several occassions and even though the accused was present within the jurisdiction of the Ranipet Police Station, the NBW was not executed, unfortunately the complaint was dismissed. The learned counsel would also submit that the cheque amount is for a sum of Rs.12,48,834/- and the liability is towards the goods purchased. The interest of justice require granting of one more opportunity to the complainant.

3. The learned counsel Mr.D