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TMI Blog2017 (10) TMI 1581X X X X Extracts X X X X X X X X Extracts X X X X ..... ant case and, therefore, the appeal could have been allowed on this ground alone - it is further found that an additional ground to allow the appeal while dismissing the complaint for default, the learned trial Magistrate was required to follow the procedure. Petition disposed off. - Cr. MP (M) No. 1268 of 2017 in Cr. Appeal No. 559 of 2017 - - - Dated:- 13-10-2017 - The Hon ble Mr. Justice Tarlok Singh Chauhan, Judge For the Applicant : Mr. Maan Singh, Advocate. For the Respondent : None. Tarlok Singh Chauhan, Judge (Oral). Cr. MP (M) No. 1268 of 2017 Heard. Leave to appeal granted. Application stands disposed of. Appeal be registered. Cr. Appeal No. 559 of 2017 2. Since the question raised in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esence and nonprosecution. File after due completion be consigned to the records. 4. This Court in Vinod Kumar Verma vs. Ranjeet Singh Rathore, Criminal Appeal No. 367 of 2015, decided on 6.5.2016 has in similar circumstances where the complaint under the Act had been dismissed in default observed as under:- 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the instant case and, therefore, the appeal could have been allowed on this ground alone. However, I find an additional ground to allow the appeal while dismissing the complaint for default, the learned trial Magistrate was required to follow the procedure. It would be noticed that while dismissing the complaint for default, provisions of Section 256 of the Code of Criminal Procedure (for short Code ) have not at all been kept in mind. 6. Section 256 of the Code specifically deals with non- appearance or death of the complainant, which reads as under: 256. Non-appearance or death of complainant. (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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