Cheque bounce case -- Though Ld. trial Court has rightly dismissed the complaint on account of non-appearance of the complainant-appellant, however, considering the fact that the complainant-appellant was appearing in the case regularly and on the relevant date, he had to go out of station and the case was fixed for appearance of the accused – Held, the complainant-appellant deserves opportunity to pursue his complaint, which was otherwise not adjudicated on merits -- Proceedings u/s 138 of the Act are more or less civil in nature, even though the same may have criminal bearing -- Consequently, the complaint filed by the applicant u/s 138 of the Act is restored for its decision as per merit.

(P&H HC) Decided on: 22.08.2017

Cheque bounce case -- In no way, by the absence, the complainant/appellant is to be benefitted in this complaint case nor there is anything on the record to show that there was any mala fide intention on the part of the complainant/appellant for his absence from the proceedings – Impugned order passed by the Ld. JMIC, has caused miscarriage of justice -- If this order is not set aside, the complainant/appellant will suffer irreparable loss -- Rights of the parties should be decided on merit as far as possible -- Court should do substantial justice between the parties and should not go into the technicalities of the law -- Where technical consideration and merit or cause of substantial justice are pitted against each other, the cause of merit and substantial justice is to prevail -- Complaint is restored at the stage from where it was dismissed by the trial Court.

(P&H HC) Decided on: 18.03.2016

Cheque bounce case -- Case called several times but none has appeared and on that account, the complaint was dismissed for want of prosecution -- Cheque amount is stated to be Rs.10 lacs -- Nobody should be condemned unheard – Impugned order stands set-aside -- Complaint stands restored to its original number -- Trial court is directed to conclude the trial expeditiously, preferably within six months from the date of receipt of this order.

(P&H HC) Decided on: 30.01.2015