https://www.taxtmi.com/caselaws?id=370957 A complaint under Section 138 of the Negotiable Instruments Act, tried as a summons case, attracts Section 256 CrPC, which permits the Magistrate either to dismiss for non-appearance or to adjourn the matter. That discretion must be exercised judicially and fairly, with regard to the circumstances of the case. Where there was no pattern of deliberate delay, the complainant was represented by counsel, and the matter had already been transferred between courts, dismissal on a solitary absence was treated as an improper exercise of discretion. The complaint was therefore directed to be restored and decided in accordance with law. en-us Wed, 31 Oct 2018 00:00:00 +0530 Tue, 27 Nov 2018 06:38:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=370957 A complaint under Section 138 of the Negotiable Instruments Act, tried as a summons case, attracts Section 256 CrPC, which permits the Magistrate either to dismiss for non-appearance or to adjourn the matter. That discretion must be exercised judicially and fairly, with regard to the circumstances of the case. Where there was no pattern of deliberate delay, the complainant was represented by counsel, and the matter had already been transferred between courts, dismissal on a solitary absence was treated as an improper exercise of discretion. The complaint was therefore directed to be restored and decided in accordance with law. Case-Laws Indian Laws Wed, 31 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=370957