PUNAM SINHA Vs. TARSEM GOYAL

JUDGEMENT

(1.) DISPUTED questions of facts are involved in this case. Miss Tarun jain, learned counsel for the petitioner has, however, raised one legal issue with regard to the notice being beyond 15 days as provided under the Negotiable Instruments Act. This court is of the view that this point should first be raised before the trial Magistrate and it is ordered that in case such point is raised by way of a separate application, it shall be decided by the concerned court by passing a speaking order. In the totality of the circumstances, it is ordered that the presence of the petitioner shall remain exempted throughout the trial subject to the condition that her lawyer shall appear on her behalf giving an undertaking to the Court that he shall appear on all the dates on behalf of the petitioner and also that as and when called for by the Court for some specific purpose, the petitioner shall present herself before the concerned Court. Parties through their counsel are directed to appear before the trial Magistrate on 14. 3. 1995. Ordered accordingly.