LAWS(HPH)-2019-3-104

MADAN THAKUR Vs. MAHENDER CHAUHAN

Decided On March 28, 2019
Madan Thakur Appellant
V/S
Mahender Chauhan Respondents

JUDGEMENT

(1.) The appellant/complainant is aggrieved by the impugned order, dtd. 16/11/2018, passed by the learned Trial Magistrate,whereby his complaint under Sec. 138 of the Negotiable Instruments Act has been dismissed for want of prosecution.

(2.) Whether reporters of Local Papers may be allowed to see the Judgment Yes 2 Now, the moot question is whether such a recourse could have been adopted by the learned Trial Magistrate.

(3.) In Parasuram Patel and another versus State of Orissa (1994) 4 SCC 664, it was held by the Hon'ble Supreme Court that the criminal appeal cannot be dismissed for default in appearance and the Court must decide the matter on merit even in the absence of the appellant or his counsel.