AMBASSADOR CARDS PVT. LTD Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of impugned order dated 19.7.2005 whereby the complaint of the complainant-appellant filed under Section 138 Negotiable Instrument Act, was dismissed in default as he failed to appear on that date. The accused persons were present on that date.

(2.) I have heard learned counsel for the appellant as also learned counsel for the respondent. Learned counsel for the respondent states that appellant has not been able to prove that the his absence was not deliberate but accidental one. He states so on the strength that the counsel had not placed on record the copy of the diary showing that he had to attend another case at Karkardooma Courts.

(3.) AT this stage, learned counsel for the respondent states that respondent has to come from Jaipur on every hearing. Learned counsel for the appellant states that he shall not oppose the exemption application of the respondent once moved in the court below.