https://www.taxtmi.com/caselaws?id=398137 In a cheque dishonour complaint tried as a summons case, non-appearance of the complainant does not automatically justify dismissal in default under Section 256 CrPC. The Magistrate must exercise judicial discretion by considering whether the complainant's presence was necessary, whether adjournment was appropriate, and whether the matter had substantially progressed. Where the complainant had been diligently prosecuting the case and the stage of final disposal had been reached, immediate dismissal was held unwarranted. The dismissal order was set aside and the complaint restored for further proceedings. en-us Mon, 24 Feb 2020 00:00:00 +0530 Tue, 08 Sep 2020 10:29:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=398137 In a cheque dishonour complaint tried as a summons case, non-appearance of the complainant does not automatically justify dismissal in default under Section 256 CrPC. The Magistrate must exercise judicial discretion by considering whether the complainant's presence was necessary, whether adjournment was appropriate, and whether the matter had substantially progressed. Where the complainant had been diligently prosecuting the case and the stage of final disposal had been reached, immediate dismissal was held unwarranted. The dismissal order was set aside and the complaint restored for further proceedings. Case-Laws Indian Laws Mon, 24 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=398137