DIGAMBER SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this petition is made to the followings:-

(2.) Heard learned counsel for petitioner as well as the learned State Counsel, and perused the record.

(3.) It appears that the respondent no. 2 ( "the complainant ") filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 ( "the Act ") against the petitioner, which formed the basis of the case. The complaint was filed on 23/3/2015. In the case, on 14/9/2021, the examination of the petitioner under Sec. 313 of the Code of Criminal Procedure, 1973 was recorded. The petitioner had then stated that he would adduce evidence in his defence. 6/10/2021 was the date fixed for that matter. On 6/10/2021, the petitioner did not appear and an application seeking exemption from personal appearance was filed on his behalf, which was allowed. In fact, the petitioner also sought adjournment on that date, which was also allowed, and 29/10/2021 was fixed for defence evidence. On 29/10/2021 also, the petitioner did not appear. On his behalf, an application for exemption from personal appearance was filed, which was allowed. On 29/10/2021, neither any adjournment application was moved nor any evidence was adduced in his defence by the petitioner. Therefore, the court closed the opportunity to adduce the defence evidence and fixed the case at another stage. This order is impugned.