Shambhoo Singh, J. - This is an application filed under Section 482 of the Cr. P.C. by the accused-petitioner by which he is challenging the order dated 3-10-1996 passed by J.N.F.C., Indore (Court No. 26) passed in criminal case No. 707/95.

2. The facts of the case, in brief, are that the respondent-complainant filed a private complaint against the petitioner-accused on 8-9-1995 under Section 135 of the Negotiable Instruments Act on the allegations that the petitioner placed order for supply of goods and on 3-5-1995 tendered two cheques of 1,00,000/- and Rs. 1,33,000/- and he supplied the ordered goods. But these cheques were dishonoured on 31-5-1995 with the remarks 'funds insufficient'. On the request of the petitioner, the cheques were again presented to the Bank but were again dishonoured. After notice the respondent filed a complaint on 8-8-1995. The learned Magistrate after recording statement of the complainant registered offence under Section 138 of the Negotiable Instruments Act and issued summons to the petitioner for his appearance.

3. On 3-10-1996, Advocate of the petitioner made an application for condonation of his absence on the ground that on 3-10-1996 th