TARA DEVI Vs. ADDITIONAL CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) Following order was passed on 18.11.1999 by the Additional Chief Judicial Magistrate, Jalandhar :

(2.) It was a complaint under Section 138 of the Negotiable Instruments Act, which offence is non-cognizable offence inasmuch as the Magistrate was competent to discharge the accused in the absence of this complainant under Section 249 of the Code of Criminal procedure. Therefore, no illegality could be found with the order of the learned Magistrate. However, the petitioner, if so advised, can file another complaint as the respondent-accused had discharged for non-appearance of the complainant.

(3.) With the above observations, the petition is disposed of.