BAL KRISHAN RAWAT Vs. PYARE LAL NEPTA

JUDGEMENT

(1.) Instant appeal has been preferred against impugned order, dated 30th October, 2008, passed by learned Judicial Magistrate 1st Class, Jubbal (hereinafter referred to as "Magistrate") in Case No. 18/3 of 2005, whereby the complaint filed by appellant?Bal Krishan Rawat against respondent?Pyare Lal Nepta under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "NI Act "), came to be dismissed in default for non?presence and non?prosecution, when the case was listed for recording of defence evidence.

(2.) It is apt to reproduce the impugned order herein:

(3.) In view of Section 143 of the NI Act, offence under Section 138 of the NI Act is to be tried summarily and accordingly, procedure for summons case provided in Chapter XX of the Code of Criminal Procedure (hereinafter referred to as "CrPC") is applicable during the trial initiated on filing a complaint under Section 138 of the NI Act. In this Chapter, Section 256 CrPC deals with a situation of non?appearance of death of complainant.