https://www.taxtmi.com/caselaws?id=409589 A complaint under Section 138 of the Negotiable Instruments Act that has substantially progressed on merits should not be dismissed for default where the complainant's absence is not deliberate. Here, the accused had appeared, the complainant had been cross-examined, and the accused's statement under Section 313 CrPC had been recorded, while the accused later remained unavailable despite warrant process. In these circumstances, the dismissal for non-prosecution was treated as inappropriate, and restoration of the complaint was ordered on payment of costs to protect the complainant's accrued procedural right. en-us Wed, 23 Jun 2021 00:00:00 +0530 Tue, 13 Jul 2021 10:33:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=409589 A complaint under Section 138 of the Negotiable Instruments Act that has substantially progressed on merits should not be dismissed for default where the complainant's absence is not deliberate. Here, the accused had appeared, the complainant had been cross-examined, and the accused's statement under Section 313 CrPC had been recorded, while the accused later remained unavailable despite warrant process. In these circumstances, the dismissal for non-prosecution was treated as inappropriate, and restoration of the complaint was ordered on payment of costs to protect the complainant's accrued procedural right. Case-Laws Indian Laws Wed, 23 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=409589