JUDGMENT :

(Vivek Singh Thakur, J.)

1. Present appeal has been filed against impugned order dated 13.12.2021 passed by Judicial Magistrate 1st Class, Kangra, District Kangra (hereinafter referred to as “Magistrate”) in Criminal Case No. 117-3/2019, whereby the complaint filed by appellant-Satvinder Singh Padda against respondent-Virender Kumar under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “NI Act”), has been dismissed in default for non-appearance of petitioner or his counsel when the case was listed for service of respondent.

2. As the complaint filed by the appellant has been dismissed prior to the service of respondent Virender Kumar in the trial Court and impugned order has been passed in his absence, therefore, it has not been considered appropriate to issue the notice to respondent for the purpose of deciding present appeal. However, record of the trial Court has been summoned and perused.

3. The impugned order passed by the Magistrate is reproduced herein:-

“13.12.2021

Present: None for the complainant.

None appeared on behalf of the complainant, despite the fact that complainant was duly represented by a counsel on the previous dates of hearing