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2016 (5) TMI 1556 - HIMACHAL PRADESH HIGH COURTDishonor of Cheque - none of the complainant was present despite of service of notice - petitioner was not present due to mistake - HELD THAT:- It is not in dispute that the complaint was pending trial from the year 2013 and there is no material on record to suggest that there had earlier been any default on the part of complainant. Even when the matter was listed on 2.6.2015, petitioner, as per his version, could not appear as he had noted down a different date and in support of such contention, he has also annexed the copy of his case diary - 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, it is always in the interest of justice that the cases should be adjudicated on merits. Similar issue came up before the Hon’ble Supreme Court in Mohd.Azeem Vs A.Venkatesh & another [2002 (8) TMI 883 - SUPREME COURT] and the Hon’ble Supreme Court has held that the complaint ought not to have been dismissed by the court on account of single default on the part of complainant. 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 - appeal allowed - decided in favor of appellant.
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