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2018 (9) TMI 838 - HIMACHAL PRADESH HIGH COURTWhether the complaint could have been dismissed for want of prosecution, evidently the petitioner was never issued notice in this case and the notice of appearance was only issued to General Power of Attorney? Held that:- It has to be borne in mind that normally no party would desist or stop from pursuing a complaint involving dishonour of cheque till proved otherwise. That apart, it is always in the interest that the cases should be adjudicated on merits. In my opinion, the learned trial Magistrate has adopted a very strict and unjust attitude resulting in failure of justice - There is yet another reason why the order impugned herein cannot withstand judicial scrutiny and the same is that the learned Magistrate while dismissing the complaint for default has not borne in mind the provisions of Section 256 of the Cr.P.C., which specifically deals with nonappearance or death of the complainant. Revision Petition allowed.
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