SHRI RAM TRANSPORT FINANCE COMPANY LTD Vs. MANJU DEVI
HIGH COURT OF HIMACHAL PRADESH
SHRI RAM TRANSPORT FINANCE COMPANY LTD
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Vivek Singh Thakur, J. -
(1.)This appeal has been preferred against impugned order dated 24.10.2018, passed by learned Chief Judicial Magistrate, Lahaul and Spiti at Kullu, H.P., in Complaint No.1217- 1/13, titled as Shri Ram Transport Finance Company Ltd. vs. Manju Devi, whereby complaint preferred by the appellant under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act') has been dismissed in default for want of prosecution.
(2.)In present appeal, respondent has been duly served, but despite that she has not appeared in Court, which indicates that she is not interested to contest the appeal. Perusal of record also reveals that she was not appearing in the trial Court since February 2015. Arguments in the trial Court were heard on 18.02.2015 and thereafter learned counsel representing the respondent was also not turning up and trial Court could not ensure her presence despite issuing warrants against her.
(3.)Complaint by the appellant, under Section 138 of N.I. Act for dishonouring of cheque issued by respondent, was preferred in the year 2013. After pursuing and contesting the case by the parties, arguments in the complaint were concluded on 18.02.2015 and thereafter case was listed for 26.02.2015 for furnishing of the requisite bonds by the respondent under Section 437-A Cr.P.C., but on that day and dates subsequent thereto i.e. 26.03.2015, 02.04.2015, 30.06.2015 and 03.07.2015, neither respondent nor her counsel had appeared. However, in response to non-bailable warrants issued against the respondent vide order dated 03.07.2015 read with order dated 26.03.2015, respondent had appeared alongwith counsel in the trial Court on 14.08.2015 and whereupon case was listed for arguments on 10.12.2015, on which date, it was again adjourned for 23.02.2016 for arguments. On 23.02.2016, an application for exemption was filed on behalf of the respondent-accused through her counsel, which was allowed and case was adjourned for 04.04.2016.
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