Judgment 1. Respondent No.2 apart from filing a complaint under section 138 of the Negotiable Instrument Act lodged FIR alleging cheating. The petitioner also filed a complaint of theft of the cheque. Counsel for respondent No.2 says that partly evidence has been recorded; complaint case and FIR case both are being tried before the same court simultaneously though separately. 2. In view of this stage, without going into merits, the petitioner is directed to be granted exemption from personal appearance subject to appropriate conditions, so that the petitioner may appear through counsel and contest the matter in accordance with law. The petition is disposed of.