Litigant not penalised for counsel's mistake in prosecuting cheque bounce case amid COVID delays.

ORDER

The petitioner has filed a private complaint under Section 138 of the Negotiable Instruments Act against the respondents. The same has been taken on file in STC.No.10185 of 2022. The case was periodically adjourned and during COVID-19, the case was adjourned for long durations. Thereafter, the learned counsel for the petitioner lost track of the pendency of the case and hence, he could not take steps for issuance of summons to the respondent and the case was finally dismissed for non-prosecution under 204(4) Cr.P.C., on

30.06.2025, against which, the present petition has been filed.

2.The learned counsel for the petitioner submitted that due to the mistake committed by the learned counsel for the petitioner, the petitioner cannot be penalised. Further that the complaint has been filed for non-payment of Rs.6,00,000/- by the respondents, despite the third respondent having issued a cheque for the said purpose. Admittedly, the third respondent has not appeared before the trial Court. During the pendency of the case, COVID-19 intervened and the case was adjourned for long intervals and the learned counsel for the petitioner lost track of the case. However, the learned counsel is now ready to take steps without any delay and has filed this petition seeking to set aside the impugned order.

3.From the perusal of records, it is seen that in the instant case, the complaint was initially filed on 27.01.2021. Thereafter, it has been taken on file in the year 2022 in STC No.10185 of 2022. The complaint was thereafter dismissed on 30.06.2025, recording that the complainant absent - no representation and also that the process memo has not been filed even after conditional order passed in the previous hearing. Further, it is seen that the learned counsel for the petitioner lost track of the case, since the case was adjourned for long durations, due to intervention of COVID-19. Further, for the mistake committed by the learned counsel for the petitioner, the petitioner cannot be penalized.

4.In view of the same, this Court is inclined to allow this petition on the petitioner paying a cost of Rs.10,000/- (Rupees Ten Thousand only) to the Salem Bar Association, Combined Court Building, Salem. Further, the notice to the respondents is not required in the instant case, since the respondents have not so far appeared before the trial Court. The petitioner to take steps for issuance of process memo within a period of two (2) weeks from the date of receipt of a copy of this order.