K.S. Kumaran, J. - Heard counsel for both sides.

A complaint under Section 138 of the Negotiable Instruments Act is pending against the petitioner. The petitioner has been summoned to appear. On 20.7.1999 the petitioner was not present before the Court, but an application was moved with a medical certificate for exempting the presence of the accused for that day. The said application was dismissed by the learned Magistrate. The Learned Magistrate also ordered for the issuance of arrest warrant to secure the presence of the petitioner. The petitioner filed an application under Section 438 Criminal Procedure Code for bail in anticipation of arrest. But the learned Additional Sessions Judge, Ludhiana, also dismissed his application. That is why the petitioner has approached this court with this petition under Section 438 Criminal Procedure Code

2. The learned counsel for the petitioner contends that along with his application he had also attached the certificate of the Doctor (copy annexure P-3) showing that he was suffering from fever and was advised bed rest from 17.7.1999 to 23.7.1999, and therefore, the petitioners presence on that day should have been exempted. The learned c