TaxTMI 
TaxTMI 
2017 (10) TMI 1581
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.... respondent. Moreover, since this appeal emanates from the proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short 'Act') wherein the amount in dispute is only Rs. 60,000/-, issuing notice to the respondent would only amount to not only unnecessarily harassing her but putting her undue financial hardships inasmuch as she would have to engage a lawyer to defend her for such a meager amount. 3. This Criminal Appeal is directed against the order dated 26.8.2017 passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P. in Cr. Case No. 315/150/2014 whereby the complaint filed by the appellant under the Act, came to be dismissed in default, the order reads thus: 26.8.2017: ....
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....other (2002) 7 SCC 726 and the Hon'ble Supreme Court has held that the complaint ought not to have been dismissed by the court on account of single default on the part of complainant. It is apt to reproduce paras 3 and 4 of the judgment: "3. From the contents of the impugned order of the High Court, we have noticed that there was one singular default in appearance on the part of the complainant. The 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 be....
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....oper to adjourn the hearing of the case to some other day. Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be apply also to cases where the non-appearance of the complainant is due to his death." 7. This Court in N.K. Sharma vs. M/s Accord Plantations Pvt. Ltd. and another 2008 (2) Latest HLJ 1249 while construing the provisions of Section 256 has observed that the same is applicable to even the complaints filed under the Act. However, the C....