the accused appellant for the said offence. He pleaded not guilty and claimed trial. The prosecution examined 24 witnesses and exhibited 48 documents to support its case. 12. It is relevant to mention here that the complainant Ashok Kumar Pathak, was not produced for deposition in the trial which resumed after the arrest of the accused appellant. The trial Court held that the non-examination of complainant Ashok Kumar Pathak was not a deliberate act of the prosecution and rather the same was beyond the control of prosecution. The trial Court further found that complainant Ashok Kumar Pathak was examined on oath on 17th July, 1991 in proceedings under Section 299 CrPC. In this sworn statement, Ashok Kumar Pathak proved his signature on the statement[Exhibit PW-1/A(which led to registration of FIR)] made by him to the police on 20th May, 1990 and gave a detailed account of the sequence of events witnessed by him. The complainant Ashok Kumar Pathak could not be examined in the trial