- (1.) Following order was passed on 18.11.1999 by the Additional Chief Judicial Magistrate, Jalandhar : "Accused has not come present. Learned counsel for the accused has moved an application seeking his exemption from personal appearance which is duly supported with a medical certificate. In view of the circumstances explained in the application, personal appearance of the accused is exempted for today. Case called several times since morning but none has appeared on behalf of the complainant. It is now 3.45 p.m. The complaint is dismissed in default for want of prosecution. The accused is acquitted. File be consigned to the record room."
(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.;