HARPAL SINGH Vs. LAJWANTI

JUDGEMENT

(1.) Cr.Mp(M) No. 1268 of 2017

(2.) Since the question raised in this appeal is a pure question of law and is otherwise no longer res integra insofar as this Court is concerned, therefore, there is no need to issue notice to the respondent. Moreover, since this appeal emanates from the proceedings initiated by the appellant under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'Act') wherein the amount in dispute is only Rs. 60,000.00, issuing notice to the respondent would only amount to not only unnecessarily harassing her but putting her undue financial hardships inasmuch as she would have to engage a lawyer to defend her for such a meager amount.

(3.) This Criminal Appeal is directed against the order dated 26.8.2017 passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P. in Cr. Case No. 315/150/2014 whereby the complaint filed by the appellant under the Act, came to be dismissed in default, the order reads thus: