BANARSI DASS Vs. BHARDWAJ GENERAL STORE

JUDGEMENT

(1.) RECORD received. Appellant is exempted to file certified copy of impugned order dated 30.4.2011. The application stands disposed of. Heard and gone through the record.

(2.) IN the present appeal, the complaint under Section 138 of the Negotiable Instruments Act filed by the appellant herein was dismissed in default on 30.6.2007 by the learned trial Court which has the effect of acquittal, against which the present appeal has been filed. It was admitted for hearing on 6.3.2012.

(3.) IN fact, when the complainant was absent on 30.6.2007 it should have considered by the learned trial Court whether the personal attendance of the complainant was essential on that date for the progress of the case and also whether the situation justified the case being adjourned to another date due to any other reasons. It is well settled that if the situation did not justify the case being adjourned, the Court is free to dismiss the compliant and acquit the accused. But if the presence of the complainant in the summons case, on that date was quite unnecessary then resorting to the step axing down the complaint may not be a proper exercise of the powers, envisaged under Section 256 of the Code of Criminal Procedure.