2016 (5) TMI 1556

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....Sharma, Advocate. Tarlok Singh Chauhan J (Oral) : This criminal appeal is directed against the order passed by learned Additional Chief Judicial Magistrate, Theog on 2.6.2015, whereby the complaint of the petitioner filed under Section 138 of Negotiable Instruments Act, came to be dismissed for default. The order reads thus: "2.6.2015 Present: None for the complainant Complainant not pres....

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.....6.2015, petitioner, as per his version, could not appear as he had noted down a different date and in support of such contention, he has also annexed the copy of his case diary. 3. Evidently, a very hyper technical and pedantic approach has been adopted by the learned court below by dismissing the complaint for default. The complainant was diligently pursuing his remedies and he has also given....

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.... learned Judge of the High Court observes that even on earlier dates in the course of trial, the complainant failed to examine the witnesses. But that could not be a ground to dismiss his complaint for his appearance (sic absence) on one single day. The cause shown by the complainant of his absence that he had wrongly noted the date, has not been disbelieved. It should have been held to be a valid....