Absence due to illness justified, allowing restoration of complaint proceedings in cheque dishonour cases.

O R D E R

The challenge in this Criminal Revision Petition is to the order dated 20.05.2022 in C.C. No.130 of 2017 on the file of the Judicial First Class Magistrate Court-II, Mavelikara. The petitioner filed a complaint against respondent No.1 alleging offence punishable under Section 138 of the Negotiable Instruments Act , 1881. The complainant alleged that respondent No.1/accused executed a cheque bearing No. 956522 for a sum of Rs.10,00,000/- drawn on the State Bank of Travancore, Haripad branch and the same was returned dishonoured due to insufficiency of funds. The complainant caused to issue a lawyer’s notice, which the accused received but refused to repay the amount covered by the cheque.

2. The complainant filed a complaint before the Judicial First Class Magistrate-II, Mavelikara. The learned Magistrate took cognizance of the offence and issued summons to the accused.

3. On 20.05.2022, the complainant was absent and learned Magistrate dismissed the complaint under Section 204 (4) Cr.PC..

4. I have heard the learned counsel for the petitioner, the learned counsel appearing for respondent No.1 and the learned Public Prosecutor.

5. The learned counsel for the petitioner/complainant submitted that the complainant has been diligently prosecuting the matter and he remained absent on 20.05.2022 due to illness. It is further submitted that her counsel had made an application before the Court seeking an adjournment.

6. The learned counsel for respondent No.1/accused submitted that no sufficient reasons have been presented by the petitioner in support of her contention.

7. The petitioner relied on the diary extract of the case, which reveals that, though summons was issued to the accused as early as in 2017, the presence of the accused could not be secured till 20.05.2022, despite the repeated issuance of Non-Bailable Warrant. It appears that the party respondent remained absconding for many years. The complainant has been diligently prosecuting the case since 2017. She has established sufficient reasons for her non- appearance.

8. Having regard to the circumstances brought out, I am of the view that the complainant be given an opportunity to prosecute the matter. Therefore, the order of dismissal of the complaint under Section 204 (4) Cr.P.C stands set aside. C.C.No.130/2017 on the file of the Judicial First Class Magistrate Court-II, Mavelikara is restored to file. The learned Magistrate shall proceed with the matter, in accordance with law. The parties are directed to appear before the Trial Court on 13.03.2026. The learned Magistrate shall expedite the trial in the matter.

The Criminal Revision Petition is allowed as above.

Sd/-