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2021 (7) TMI 431 - HC - Indian LawsDishonor of Cheque - complainant could not be present before the trial Court - guilty for the charges leveled against or not - HELD THAT:- It is seen in the order sheet of the trial Court that even the matter was referred to the mediation to explore the possibility of settlement. However, subsequently when it is posted for cross-examination of the complainant, the accused has cross-examined the complainant fully. His statement under Section 313 of Cr.P.C. was also recorded 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. The complainant could not be present before the trial Court. Absence of the complainant is not intentional or deliberate. Hence, the appeal may be allowed in the interest of justice - the impugned order dismissing the case for default could be set aside subject to terms - criminal appeal allowed.
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