Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Dismissal of complaints for non-appearance of complainant—Appeal—Where the complainant had already been examined as a witness, the Magistrate was not justified in straight away dismissing the complaint(s) and ordering acquittal of accused on mere non-appearance of the complainant—Courts below failed to consider whether in the facts of the case under the proviso to sub-section (1) of Section 256 of the CrPC, the court could proceed with the matter after dispensing with attendance of the complainant—If complainant had not appeared to press the application under Section 311 of the Code, the Magistrate could have rejected the application and proceeded with the case on the basis of available evidence—Orders impugned are liable to be set aside—Appeals allowed. [Criminal Procedure Code, 1973, Section 256]
[Para 13 & 14]
Decision : Appeals allowed