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N. S. SHEKHAWAT
Aman Kumar – Appellant
Versus
Vijay Kumar – Respondent
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. However, as per the assurance of the respondent, when the cheque was presented for encashment, the same was returned and was dishonoured with the remarks 'Funds Insufficient'. Accordingly, a legal notice was issued to the respondent through registered as well as UPC Post. However, the respondent did not make the payment. Ultimately, the appellant was constrained to file a criminal comp
Straightway dismissal of Section 138 complaint on single non-appearance unjustified; courts must exercise Section 256 Cr.P.C. discretion judicially, adjourning or dispensing attendance to ensure just....
Section 256 CrPC provides discretion to Magistrate either to acquit accused or to adjourn case for some other day, if he thinks it proper.
The court emphasized that dismissal of a complaint for non-appearance must be exercised judiciously, ensuring the complainant is given a fair opportunity to present their case.
The central legal point established in the judgment is the necessity of exercising judicial discretion and considering the potential adverse consequences for the complainant in dismissing complaints ....
The importance of the complainant's personal attendance for the progress of the case and the discretion of the Magistrate to adjourn the hearing or dismiss the complaint.
Judicial discretion in case dismissal must be exercised judiciously, especially regarding the necessity of a complainant's presence.
The discretion to dismiss a complaint for non-prosecution under section 256 of the Code of Criminal Procedure should be exercised judiciously, and the presence of the complainant should be deemed nec....
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