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2018 (9) TMI 997 - HC - Indian LawsDishonor of cheque due to insufficiency of goods - Section 138 of Negotiable Instruments Act - main contention of the appellant is that after closing the defence side evidence, the matter was not posted for sometime - Held that:- In the present case on hand, it is stated that the matter was reserved for judgment on 20.01.2010 and subsequently it was adjourned to 27.01.2010 for reopening the case. Either on 20.01.2010 or 27.01.2010, the presence of the appellant is not necessary. Even assuming that the presence of the appellant is necessary, the trial Court ought to have issued a notice to the appellant before dismissing the complaint. But, after completion of evidence of the appellant, the learned Magistrate should not have dismissed the complaint for default under Section 256 Cr.P.C. The trial Court should have issued a notice to the appellant before dismissing the complaint or atleast passed the judgment on merits - the matter is remitted back to the learned Judicial Magistrate-II, Coimbatore and the learned Judicial Magistrate is directed to dispose of the complaint on merits and in accordance with law - matter on remand.
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