JUDGMENT :

HEMANT GUPTA, J.

1. The appellant is aggrieved against an order passed by the High Court of Himachal Pradesh, Shimla on 17.12.2018, whereby, the order of dismissal of complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short the ‘Act’) by the learned Trial Court was not interfered with.

2. None has put appearance on behalf of respondent No. 1, despite service. Therefore, on 16.09.2019, this Court requested Ms. Liz Mathew, Advocate to assist the Court on behalf of respondent No. 1.

3. The appellant owns apple orchard in District Kullu, Himachal Pradesh. The appellant also used to supply apple cartons, trays and other packing materials to other apple growers on cash and credit basis. He also owns commercial ropeway which connects various other apple orchards with the road-head as a facility to the growers to carry their produce from the orchards to the market.

4. In the year 2011, respondent No. 1 purchased apple crops of various growers which was carried out through ropeway to the road-head for further transportation. The packing material was procured by the respondent on credit basis from the appellant through his authorised agent Prem Chand son of Kumat