H. P. State Co-Operative Bank vs Ravi Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 304

JYOTSNA REWAL DUA
H. P. State Co-Operative Bank – Appellant
Versus
Ravi Kumar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Y.P. Sood, Advocate.
For the Respondent:Mr. Loveneesh Singh Thakur, Advocate.

JUDGMENT :

Jyotsna Rewal Dua, J.

The appellant was the complainant in the proceedings initiated by it under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘N.I. Act’). The complaint was dismissed by the learned Trial Court vide order dated 10.12.2021 for want of prosecution. Aggrieved, the complainant has preferred the instant appeal.

2. I have heard learned counsel for the parties and considered the case record.

3. The appellant’s case is that it was in the process of adducing its evidence at the time of passing of the impugned order. The appellant had already examined its Senior Manager-Sh. Kiran Kumar as CW-1 on 16.11.2019. The matter was fixed before the learned Trial Court on 10.12.2021, on which date, neither the complainant nor its counsel attended the hearing. Hence, the complaint was dismissed for want of prosecution.

4. Learned counsel for the appellant stated that the statement of main witness of the complainant had already been recorded on 16.11.2019. Only formal witnesses remained to be examined. The complainant was under the impression that formal witnesses could be examined in the matter without complainant’s authorized representative remaining present in

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