H.R.PANWAR, J. - (1.) BY the instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter), the petitioner has challenged the order dated 17-5-2007 passed by the Chief Judicial Magistrate, Sirohi (for short, "the Trial Court" hereinafter) in Criminal Regular Case No. 84/2005.
(2.) I have heard learned counsel for the parties. Perused the order impugned and the record of the Trial Court. It appears that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act" hereinafter) and Section 420 IPC was filed by the complainant-respondent No. 2 before the Trial Court on 30-7-2004. Notices were issued. The accused persons therein, viz., the present petitioner and Harmesh Baweja appeared before the Trial Court and were released on bail. There after the co-accused Harmesh Baweja has been appearing regularly before the Trial Court. The present petitioner has not been appearing before the Trial Court, however he has been moving applications for dispensing with his personal appearance. In absence of the petitioner, the trial could not proceed and so far the accusation on the complaint could not be read over for want of the petitioner.
(3.) ON 17-2-2007, the matter was posted for reading the substance of the ac cusation but the petitioner failed to appear before the Trial Court and moved an application through his counsel for dispensing with his personal appearance and that application came to be dismissed by the Trial Court vide impugned order. The record of the Trial Court was summoned. I have carefully gone through the record of the Trial Court.;