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2020 (3) TMI 299 - HC - Indian LawsGrant of leave to file appeal - Dishonor of Cheque - Section 138 of Negotiable Instruments Act, 1881 - Appeal was dismissed for non-appearance of appellant - HELD THAT:- This Court finds that non-appearance of appellant before the learned trial court on 3rd October, 2017 and 13th December, 2017 was neither deliberate nor intentional but because of wrong noting of date and for this lapse, appellant should not be made to suffer. Moreover, this Court is of the opinion that it is in the interest of justice if the cases are heard and decided on merit rather than dismissing the same for non appearance. In view of the aforesaid, the appeal is allowed. The impugned order dated 13th December, 2017 passed by the learned trial court dismissing appellant’s complaints under Section 138 of Negotiable Instruments Act, 1881 for non appearance, is set aside and the complaints are restored to their original position.
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