Aman Kumar vs Vijay Kumar - 2023 Supreme(P&H) 2998

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2998

N. S. SHEKHAWAT
Aman Kumar – Appellant
Versus
Vijay Kumar – Respondent

Advocates Appeared:
Mr. R.S. Bajaj, Advocate; For the Appellant
Mr. Gaurav Bakshi, Advocate; For the Respondent

Table of Content
1. complaint dismissed in absence of complainant. (Para 1 , 2)
2. parties presented differing views on complainant's absence. (Para 3 , 4 , 5)
3. court's discretion in dismissing complaints discussed. (Para 6 , 8 , 10 , 11 , 12 , 13)
4. section 256 outlines dismissing complaints. (Para 9)
5. appeal succeeds; complaint restored and merits decidable. (Para 15 , 16 , 17 , 18)

JUDGMENT

Mr. N.S. Shekhawat, J.

The present appeal is directed against the order dated 12.04.2005, passed by the learned Chief Judicial Magistrate, Jalandhar, whereby, the complaint filed by the present appellant/complainant was ordered to be dismissed in default.

2. Learned counsel for the appellant contended that the appellant/complainant had filed a complaint against the respondent/accused under section 138 of the Negotiable Instruments Act (for short 'the NIA Act') on 10.07.2004. It was stated in the complaint that in order to discharge his legal liability, the respondent had issued a cheque bearing No.004180 for a sum of Rs.91,750/- dated 03.04.2004 drawn on Andhra Bank, Jalandhar, in favour of the appellant/complainant and assured the appellant that the cheque would be honoured on presentation. H