Vivek Singh Thakur, J.

This appeal has been preferred against impugned order, dated 27th June, 2017, passed by learned Judicial Magistrate 1st Class, Manali (hereinafter referred to as “Magistrate”) in Criminal Case No. 14I/2012/34III/2012, whereby the complaint filed by appellant Dole Raj Thakur against respondent Jagdish Shishodia under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “NI Act”), came to be dismissed in default for non-presence and non-prosecution, when the case was listed for arguments.

2. It is apt to reproduce the impugned order herein:

“27.06.2017 Present:

None for complainant.

Accused with Sh. Bhanu

Pratap, ld. Adv.

Be awaited. Be called after respite.

Sd/-

Judicial

Magistrate 1st Class

Manali Distt. Kullu (H.P.)

Taken up again after respite

Present: None for complainant.

Accused with Sh. Bhanu Pratap, ld. Adv.

2. Be called after lunch.

Sd/-

Judicial Magistrate 1st Class

Manali Distt. Kullu (H.P.)

Taken up again after lunch

Present: None for complainant.

Sh. Bhanu Pratap, ld. Adv. for accused.

3. Be called after respite.

Sd/-

Judicial Magistrate 1st Class

Manali Distt. Kullu (H.P.)

Taken up again after respite

Present: None for complainant.

Accused wit