JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Present appeal has been preferred against the impugned order dated 23.02.2019, passed by learned Judicial Magistrate, Court No.3, Shimla in Case RBT No. 560-3 of 18/16, titled as H.P. State Co-operative Bank Ltd. vs. Sh. Hira Lal, whereby complaint under Section 138 of Negotiable Instrument Act (hereinafter referred to as “N.I. Act”), filed by the appellant/complainant against Respondent Hira Lal has been dismissed in default for want of presence of complainant.

2. Impugned order is re-produced herein as under:-

“23.2.2019

Present:- None for the complainant.

Accused in person with Sh. Hitesh Kumar, Advocate.

On the previous date of hearing counsel for the complainant appeared but today none appeared. It is 11.30 AM. Be awaited, called after some respite.

-sd-

(Vishal Kaundal)

Judicial Magistrate Ist Class,

Court No.3, Shimla, H.P.

Taken up after respite

23.2.2019

Present:- As above.

Case called again but none has appeared on behalf of complainant. It is 12.30 P.M. Be called after lunch

-sd-

(Vishal Kaundal)

Judicial Magistrate Ist Class,

No.3, Shimla, H.P.

Taken up after respite

23.2.2019

Present:- As above.

It is 4.30 PM. The cause list for the day stand exhausted. N