Honble THOMAS, J. – Leave granted.

(2). Appellant -company has been prosecuting the respondent in the court of Judicial Magistrate (First Class), Jammu, alleging the offence under Section 138 of the Negotiable Instrument Act, but learned Magistrate acquitted the respondent on 24.8.1996 solely on the ground that the complainant was absent. Appellant-com-

pany filed an appeal in challenge of the said order of acquittal before the High Court of Jammu & Kashmir with leave but that appeal was dismissed. This appeal is against the said judgment of the High Court.

(3). The complaint was based on a cheque issued by the respondent towards amounts allegedly due from him ranging to a little above eight lacs of rupees. Facts, which are not disputed for the present appeal, show that appellant-company was represented in the trial court by one Puneet Aggarwal with a power of attorney of the company. Learned Magistrate took cognizance of the offence, and after examining Puneet Aggarwal on oath, issued summons to the respondent pursuant to which he appeared in court. As the trial proceeded, Puneet Aggarwal and another person were examined as prosecution witnesses and the case was posted for further ev

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