12 Mar 2026 13:03 PM

Dishonour of Cheque--Absence of Complainant No Ground to Dismiss Section 138 Complaint Where Accused Remains Unserved

Dismissal of a complaint under Section 138 of the Negotiable Instruments Act, 1881 for want of prosecution is unsustainable where the accused has not yet been served and proceedings remain at a nascent stage. Mere absence of the complainant on hearing dates cannot justify dismissal without examining the stage of proceedings and status of service. Once statutory requirements under the Act are satisfied, presumptions under Sections 118 and 139 of the Act operate in favour of the complainant.

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