Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Om Prakash Nayak S/o Mangla Ram – Appellant
Versus
Gopal Ram, S/o Sohan Lal Meghwal – Respondent
ORDER :
FARJAND ALI, J.
1. By way of the present criminal appeal, the appellant- complainant has assailed the order dated 06.09.2025 passed by the learned Additional Judicial Magistrate, Ratangarh in Criinal Original Case No.708/2024 whereby the complaint instituted under Section 138 of the Negotiable Instruments Act, 1881 came to be dismissed for want of prosecution owing to non-appearance of the complainant and his counsel on the date fixed. The appellant contends that the impugned order, passed at a preliminary stage of the proceedings, has the effect of non-suiting the complainant without adjudication on merits and has consequently resulted in serious miscarriage of justice.
2. In brief the facts of the case are that the complaint was founded on allegations that the respondent-accused, being acquainted with the complainant and sharing family relations, had borrowed a sum of Rs.5,00,000/- on various occasions and, towards discharge of the said liability, issued cheques including cheque No.176440 dated 05.06.2024 for Rs.3,00,000/-. Upon presentation, the cheque was dishonoured for the reason “Funds Insufficient”. Statutory notice was thereafter served, yet payment was not made withi
Judicial discretion in case dismissal must be exercised judiciously, especially regarding the necessity of a complainant's presence.
The main legal point established in the judgment is the discretion of the magistrate to proceed with the case even in the absence of the complainant, as provided in Section 256 of the Code of Crimina....
The discretion under Section 256 of the Code of Criminal Procedure should be exercised fairly and judicially, and the complainant should be given a fair opportunity to provide the fresh address of th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
