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2019 (3) TMI 1959 - PUNJAB AND HARYANA HIGH COURTDishonor of Cheque - Insufficient Funds - acquittal of the accused - dismissal of a complaint in default of appearance of the complainant - HELD THAT:- There are merit in the present petition to set-aside the impugned order partly. It is well settled principle of law that dismissal of a complaint in default of appearance of the complainant amounts to acquittal of the accused under Section 256 Cr.P.C., 1973 and, therefore, the revision before the Court of Sessions was not maintainable as the complainant had a right to file an appeal under Section 378(4) Cr.P.C., 1973 thus, the impugned order dated 13.08.2015 passed by the Additional Sessions Judge, Ludhiana is liable to be set-aside on the ground of non-maintainability of the revision petition. However, the finding recorded by the Revisional Court that the respondent has shown a bona fide cause for non-appearance is upheld. Therefore, considering the fact that the petitioner has shown a bona fide ground that he could not deposit the publication charges in time, the order of trial Court dismissing the case for non-prosecution, seems to be a very harsh decision. It is not disputed that the petitioner was not served at that stage and the complainant was required to deposit the publication charges for effecting service upon the petitioner/accused so arrayed in the complaint. Thus, holding that the complainant has shown bona fide ground for his non-appearance and the present petitioner/complainant was avoiding service of summons for which the trial Court has fixed the date for effecting the service by way of publication, no prejudice will be caused to the petitioner if the complaint is restored to be decided on merits - thus, the present petition is partly allowed and the order dated 13.08.2015 is partly set-aside, qua non-maintainability of the revision, however, the complaint is restored on payment of costs of ₹ 10,000/- to the petitioner/complainant as litigation charges. Petition allowed in part.
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