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2017 (10) TMI 1581 - HIMACHAL PRADESH HIGH COURTDishonor of Cheque - question raised in this appeal is a pure question of law - amount in dispute is only ₹ 60,000/- - HELD THAT:- This Court in VINOD KUMAR VERMA VERSUS RANJEET SINGH RATHORE [2016 (5) TMI 1556 - HIMACHAL PRADESH HIGH COURT] has in similar circumstances where the complaint under the Act had been dismissed in default observed that the order passed by the learned court below is extremely harsh. Moreover, the learned court below has not at all considered as to whether personal attendance of the complainant was essential on the date for the progress of the case. The aforesaid ratio is fully applicable to the facts of the instant 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.
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