https://www.taxtmi.com/caselaws?id=296909 In a complaint under Section 138 of the Negotiable Instruments Act, the power to dismiss for default under Section 256 CrPC is discretionary and must be exercised judicially. Where the case had reached the defence evidence stage, the accused had already been examined under Section 313 CrPC, and the complainant was represented by counsel, the complainant's personal presence was not essential. A solitary absence, without assessing whether adjournment was more appropriate or recording any lack of diligence or deliberate non-prosecution, did not justify dismissal. The improper dismissal was set aside and the complaint was restored for decision on merits. en-us Thu, 11 Jan 2018 00:00:00 +0530 Wed, 11 Aug 2021 09:18:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296909 In a complaint under Section 138 of the Negotiable Instruments Act, the power to dismiss for default under Section 256 CrPC is discretionary and must be exercised judicially. Where the case had reached the defence evidence stage, the accused had already been examined under Section 313 CrPC, and the complainant was represented by counsel, the complainant's personal presence was not essential. A solitary absence, without assessing whether adjournment was more appropriate or recording any lack of diligence or deliberate non-prosecution, did not justify dismissal. The improper dismissal was set aside and the complaint was restored for decision on merits. Case-Laws Indian Laws Thu, 11 Jan 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296909