https://www.taxtmi.com/caselaws?id=367102 A complaint under Section 138 of the Negotiable Instruments Act cannot be dismissed for want of prosecution without notice to the complainant and without applying Section 256 CrPC. The High Court noted that dismissal on the complainant's non-appearance through an attorney, when the complainant had not been issued notice, was unduly technical and inconsistent with the preference that cheque dishonour matters be decided on merits. It held that Section 256 CrPC permits acquittal only through judicial discretion and in accordance with its terms. As no proper order of acquittal had been passed and the facts did not justify default dismissal, the order was set aside. en-us Fri, 07 Sep 2018 00:00:00 +0530 Sat, 15 Sep 2018 07:38:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=367102 A complaint under Section 138 of the Negotiable Instruments Act cannot be dismissed for want of prosecution without notice to the complainant and without applying Section 256 CrPC. The High Court noted that dismissal on the complainant's non-appearance through an attorney, when the complainant had not been issued notice, was unduly technical and inconsistent with the preference that cheque dishonour matters be decided on merits. It held that Section 256 CrPC permits acquittal only through judicial discretion and in accordance with its terms. As no proper order of acquittal had been passed and the facts did not justify default dismissal, the order was set aside. Case-Laws Indian Laws Fri, 07 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=367102