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Judgment
This is an appeal against acquittal. The appellant brought a compliant against the 1st respondent alleging the offence under Section 138 of the Negotiable Instruments Act. The accused denied execution and also the transaction which allegedly led to the issuance of the cheque. On trial, the trial court found failure on the part of the complainant to prove execution and also a legally enforceable debt. Accordingly, the accused was acquitted by judgment dated 30.1.2010. The complainant brought this appeal with the leave of the court. When this appeal came up for final hearing, there was nobody to represent the appellant. But the 1st respondent was represented by his learned counsel. It appears that the complainant is not interested in prosecuting the appeal. Being an appeal against acquittal, the appeal can be dismissed for non-prosecution, if the appellant is not interested in prosecuting the appeal. It is quite unlike an appeal against conviction, in the absence of any representation, this appeal is dismissed for non-prosecution.