The court allows restoration of a dismissed complaint under Section 138 of the Negotiable Instruments Act, emphasizing the importance of giving parties a chance to present their case, especially when non-appearance is due to settlement discussions.

JUDGMENT

This is an appeal filed challenging the order dated 30.05.2014 in C.C.No.3465/2012 on the file of the Judicial First Class Magistrate Court, Chalakudy dismissing a complaint filed by the appellant alleging commission of offence under Section 138 of the Negotiable Instruments Act by the 1^st respondent for default and through which the accused was acquitted under Section 256(1) of the Cr.P.C.

2. The learned counsel appearing for the appellant submits that the 1^st respondent had agreed to settle the matter and that is the only reason why the appellant had not adduced evidence before the Court. It is submitted that since the matter was not settled, no withdrawal petition was also filed by the appellant. It is submitted that the appellant had failed to appear only on account of the fact that the 1^st respondent / accused had agreed to settle the matter. It is submitted that failure to appear may be condoned and the complaint may be restored to the file of the trial court for adjudication on merits. Despite service of notice, there is no appearance for the 1^st respondent.

Having heard the learned counsel appearing for the appellant and having perused the impugned order, I am of the view that the appellant can be given one chance to prosecute the complaint on merits. The impugned order itself indicates that there was attempt of settlement and therefore, there is a possibility that the appellant was not represented only on account of the fact that there was an offer of settlement from the side of the 1^st respondent / accused. However, since the appellant was not represented on the day on which the complaint was dismissed, I am of the view that the restoration can only be subject to payment of costs.

Accordingly, this appeal is allowed by setting aside the impugned order subject to the condition that the appellant pays a sum of Rs.3,000/- (Rupees three thousand only) as costs to the District Legal Services Authority, Thrissur, within a period of two weeks from today (28.05.2025). The appellant shall appear before the Judicial First Class Magistrate Court, Chalakudy at 11.00 A.M on 12.06.2025 and if the appellant produces the receipt of having paid the costs as directed above, the complaint filed by the appellant shall be restored to the file of that Court and shall thereafter be proceeded with, in accordance with the law.

The appeal stands disposed of accordingly.