VINOD KUMAR VERMA Vs. RANJEET SINGH RATHORE

JUDGEMENT

(1.) This criminal appeal is directed against the order passed by learned Additional Chief Judicial Magistrate, There 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.) It is not in dispute that the complaint was pending trial from the year 2013 and there is no material on record to suggest that there had earlier been any default on the part of complainant. Even when the matter was listed on 2.6.2015, 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 an explanation for his non appearance on the date fixed. Even otherwise there is no reason why the complainant would stop pursuing his case, after all it is a complaint involving dishonour of cheque. That apart, it is always in the interest of justice that the cases should be adjudicated on merits.