The dismissal of cases for non-prosecution must consider the impact of circumstances like COVID-19, and substantial justice requires full trials.

JUDGMENT : 

M. NIRMAL KUMAR, J.

1. The appellant as complainant filed a private complaint in S.T.C.No.985 of 2017 for offence under Section 138 of the Negotiable Instruments Act against the respondents. The trial Court, by judgment dated 31.08.2021 dismissed the complaint for non prosecution, against which, the present appeal filed.

2. This Court, on 09.07.2024, admitted the appeal and ordered notice to the respondents. At this stage, it would be appropriate to extract the order passed by this Court on 04.11.2025, followed by an order passed on 02.12.2025.

‘ Proceedings dated 04.11.2025 :

“It is seen that this Court, on 02.01.2025, had directed the learned Chief Judicial Magistrate, Coimbatore, to effect service of notice through the jurisdictional police. Pursuant to the said direction, the Chief Judicial Magistrate, in D.No.638 of 2025, dated 25.02.2025, had sent a notice to the respondent to be served through the District Police Chief, Ernakulam (City).

2. The District Police Chief, Ernakulam, by communication dated 06.03.2025 respondents to the Chief Judicial Magistrate, Coimbatore, informing that the respondent’s address falls within the jurisdiction of the District Police Chief, Kollam Rural a copy marked to the District Police Chief, Kollam Rual for necessary action. This communication was received by the Chief Judicial Magistrate, Coimbatore, on 18.03.2025. Thereafter, there is nothing to indicate, what further action taken, in effect the case pending without any progress.

3. The petitioner filed a private complaint under Section 138 of the Negotiable Instruments Act in S.T.C. No.985 of 2017. The case was periodically adjourned, and summons issued to the respondent/accused on 24.04.2017. On 11.05.2017, it is recorded summons sent by RPAD served to the accused on 20.04.2017, since the accused was absent, bailable warrant issued and remained pending from 11.05.2017 to 13.08.2019. On 13.08.2019, the accused appeared, and warrant was recalled. The case was adjourned to 05.11.2019. Again, on 05.11.2019, the accused (A1 and A2) failed to appear, and thereafter, the case was periodically adjourned.

4. Due to the Covid-19 pandemic, the case was adjourned periodically from 28.05.2020 till 07.05.2021. Thereafter, on 22.07.2021, when the case was called, complainant was not present, since both the complainant and the accused were absent, the case adjourned to 31.08.2021. On that date, i.e., 31.08.2021, there was no representation on behalf of the complainant and no response to the notice to the complainant, and after granting some time, the complaint was dismissed for non-prosecution. Aggrieved by the said dismissal, the present appeal filed.

5. In view of the above, the learned Chief Judicial Magistrate, Coimbatore, is directed to send a report regarding the follow up steps taken with the District Police Chief, Kollam Rural, to ascertain the status of service of summons.

6. Post the case on 11.11.2025.

7. The Registrar (Judicial) is directed to obtain a report and submit the same before this Court without any further delay.”

Proceedings dated 02.12.2025:

This Court, on 04.11.2025, had called for the report from the learned Chief Judicial Magistrate, Coimbatore to find out the steps taken in serving summons to the respondents/accused. Pursuant to the same, the learned Chief Judicial Magistrate, Coimbatore in D.No.3028/2025 dated 07.11.2025 had sent a report, which reads as follows:

2. It is seen that all steps were taken to serve notice to the respondents but respondents are not available in the address.

3. In view of the above, Regi