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. 13I/2012/35III/2012, whereby the complaint filed by appellant-Dole Raj Thakur against respondent-Pankaj Prashar 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. Sh. Bhanu Pratap, ld. Adv. for accused.

On separate application, accused exempted through counsel for today only.

2. 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.

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

3. 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.

4. Be called after respite.

Sd/-

Judicial Magistrate 1st Class

Manali Distt. Kullu