https://www.taxtmi.com/caselaws?id=403621 A complaint under Section 138 of the Negotiable Instruments Act should not be finally terminated for non-prosecution after cognizance has been taken on sworn statement and supporting material. Where the complainant seeks restoration, the proceeding should ordinarily be allowed to continue so the case can be decided on merits, subject to the statutory presumptions and evidentiary standard applicable to such prosecutions. On the facts stated, the dismissal for non-prosecution and the refusal to restore were unsustainable, and the complaint was restored to the trial court for adjudication in accordance with law. en-us Thu, 28 Jan 2021 00:00:00 +0530 Thu, 04 Feb 2021 08:16:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=403621 A complaint under Section 138 of the Negotiable Instruments Act should not be finally terminated for non-prosecution after cognizance has been taken on sworn statement and supporting material. Where the complainant seeks restoration, the proceeding should ordinarily be allowed to continue so the case can be decided on merits, subject to the statutory presumptions and evidentiary standard applicable to such prosecutions. On the facts stated, the dismissal for non-prosecution and the refusal to restore were unsustainable, and the complaint was restored to the trial court for adjudication in accordance with law. Case-Laws Indian Laws Thu, 28 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=403621