DIGITRONICS INFOSYS PVT LTD Vs. DEVENDER SAHANI

JUDGEMENT

(1.) The appellant has preferred this appeal by special leave aggrieved by an order dated 3.6.2006 passed by the Court below dismissing its complaint against respondent No.1 under Section 138 of the Negotiable Instruments Act in default for non-prosecution. On the date, the said complaint was dismissed in default, the authorised representative of the appellant (complainant) was present before the Court below. The Court below ignored his presence holding that he did not have any authority from the appellant to appear on its behalf. On the date, the complaint was dismissed in default, the case before the Court below was listed for framing of charge. The case was in its initial stage. The complaint was not examined on merits.

(2.) Learned counsel for the appellant has contended that he could not appear before the Court below on the date the impugned order was passed as he was suffering from viral fever and an employee of the appellant Company was sent for attending the case in the Court below.

(3.) Having considered the submissions made by learned counsel for the parties, I am of the view that the complaint was dismissed in default by the Court below on a technical aspect. Such a hyper-technical approach taken by the Court below does not serve the ends of justice. In my considered opinion, no prejudice would be caused to the respondent No.1 in case the impugned order is set aside because he can produce his defence when the complaint is examined on merits.