K.C.PURI, J. - (1.) THIS is an appeal directed by Standard Corporation India Limited, against the judgment dated 7.1.2010 passed by Sh. B.S. Ramana, PCS, Judicial Magistrate Ist Class, Barnala, vide which the complaint filed by the complainant-appellant against the accused under section 138 of the Negotiable Instruments Act (hereinafter to be referred to as 'the Act'), in respect of dishonour of cheque amount of Rs. 3,45,000/- was dismissed in default.
(2.) BRIEFLY stated, the complainant-appellant filed a complaint under section 138 of the Act with the allegation that accused issued a cheque for consideration of Rs. 3,45,000/- on 14.9.2007, which was presented for collection of the amount, and the same was dishonoured. Notice was issued and thereafter complaint was filed. The said complaint was dismissed in default on 7.1.2010 as none appeared on behalf of the complainant. Learned counsel for the appellant has submitted that the huge amount of the company is involved and the appellant cannot be non-suited on the ground of non-appearance.
(3.) COUNSEL for the respondent has supported the judgment of the trial court and he has submitted that the appeal is maintainable before the Sessions Judge. However, he was not able to support the judgment on merits.;