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TMI Blog2020 (3) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned order dated 13th December, 2017 passed by the learned trial court dismissing appellant s complaints under Section 138 of Negotiable Instruments Act, 1881 for non appearance, is set aside and the complaints are restored to their original position. - CRL.L.P. 114/2018, CRL.L.P. 115/2018, CRL.L.P. 116/2018, CRL.L.P. 117/2018, CRL.L.P. 118/2018 - - - Dated:- 26-2-2020 - MR. BRIJESH SETHI J. Petitioner Through: Mr. Pramod Kumar Ahuja, Advocate Respondents Through: Mr. Prabhakar Pandey, Advocate for respondent No.1 Ms. Priynaka Rai, Advocate for respondent No.2 JUDGMENT BRIJESH SETHI, J (oral) CRL.L.P. 114/2018 CRL.L.P. 115/2018 CRL.L.P. 116/2018 CRL.L.P. 117/2018 CRL.L.P. 118 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Crl.Appeal No.------ (Registry to assign numbers) Admit. Mr. Prabhakar Pandey, Advocate for respondent No.1 and Ms.Priyanka Rai, Advocate for respondent No.2, accept notice of admission. The above captioned five appeals have been preferred against the order dated 13th December, 2017 passed by the learned trial court vide which appellant s complaint under Section 138 of the Negotiable Instruments Act, 1881 have been dismissed for non appearance while observing that appellant had not been appearing before the learned trial court and seems to be not interested in further prosecution of his complaints. At the hearing, learned counsel for the appellant submits that in all, twenty three complaints have been filed by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court finds that non-appearance of appellant before the learned trial court on 3rd October, 2017 and 13th December, 2017 was neither deliberate nor intentional but because of wrong noting of date and for this lapse, appellant should not be made to suffer. Moreover, this Court is of the opinion that it is in the interest of justice if the cases are heard and decided on merit rather than dismissing the same for non appearance. In view of the aforesaid, the appeal is allowed. The impugned order dated 13th December, 2017 passed by the learned trial court dismissing appellant s complaints under Section 138 of Negotiable Instruments Act, 1881 for non appearance, is set aside and the complaints are restored to their original position. Let ..... X X X X Extracts X X X X X X X X Extracts X X X X
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