https://www.taxtmi.com/caselaws?id=301003 A complaint under Section 138 of the Negotiable Instruments Act dismissed in default for non-appearance of the complainant was restored under the High Court's inherent jurisdiction under Section 482 CrPC. The court noted that the accused had already been declared a proclaimed offender, was evading service, and had not been produced despite repeated process. The complainant's absence on the relevant date was treated as unintentional, and dismissal was considered to operate harshly against the complainant rather than advance justice. The dismissal order was set aside and the complaint restored to its original number. en-us Wed, 30 Jan 2008 00:00:00 +0530 Mon, 07 Mar 2022 18:27:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301003 A complaint under Section 138 of the Negotiable Instruments Act dismissed in default for non-appearance of the complainant was restored under the High Court's inherent jurisdiction under Section 482 CrPC. The court noted that the accused had already been declared a proclaimed offender, was evading service, and had not been produced despite repeated process. The complainant's absence on the relevant date was treated as unintentional, and dismissal was considered to operate harshly against the complainant rather than advance justice. The dismissal order was set aside and the complaint restored to its original number. Case-Laws Indian Laws Wed, 30 Jan 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301003