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TMI Blog2021 (7) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... commission of the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'the N.I. Act'). The trial Court took cognizance of the offence and C.C. No. 502/2015 was registered against the accused for the above said offence. It is stated that the accused had appeared before the trial Court represented by his Advocate and pleaded not guilty for the charges leveled against him. Thereafter, the appellant/complainant was examined before the trial Court and statement of the accused under Section 313 of Cr.P.C. was recorded. In the meantime, the accused remained absent. NBW was issued against him with notice to sureties. On 03.02.2020, the trial Court noticed that since last four dates of hearings steps against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accused under Section 313 of Cr.P.C. The statement was recorded by the trial Court, subsequently, the accused remained absent and was absconding. N.B.W. was issued repeatedly against him with notice to sureties. But his presence could not be secured before the Court. At this juncture, the trial Court proceeded to dismiss the case vide impugned order. 7. Learned counsel submits that the complainant was diligent throughout in prosecuting the matter. He is ready and willing to co-operate with the trial Court. Hence, he prays for allowing the petition. Learned counsel further submits that since the accused was absconding before the trial Court and NBW was unexecuted, issuance of notice to respondent is to dispensed with in the interest of j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corded and the matter was posted for defence evidence. At this stage, the accused remained absent and even the NBW issued repeatedly could not be executed. Notices to sureties were also issued by the trial Court. However, on 03.02.2020 the trial Court proceeded to dismiss the case for default i.e., for non-prosecution. The trial Court noticed that for several dates there was no representation on behalf of the complainant and there is no reason to adjourn the matter. 12. Learned counsel for the appellant submits that in the meantime, the counsel representing the complainant was not keeping well and subsequently he died. Under such circumstances, complainant could not be present before the trial Court. Absence of the complainant is not inten ..... X X X X Extracts X X X X X X X X Extracts X X X X
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