High Court Upholds Dismissal of Complaint in Cheque Dishonor Case: Complainant’s Absence Implies Lack of Interest in Prosecution

In a significant ruling, the Gauhati High Court, led by Honourable Mr. Justice Mridul Kumar Kalita, upheld the dismissal of a complaint case under the Negotiable Instruments Act, 1881, due to the complainant’s repeated absence without justification. The case, Shyam and Sons (HUF) v. The State of Assam and Anr, revolved around the alleged dishonor of cheques issued by the respondent.

Justice Kalita, in his judgement, noted, “This implies that the complainant is not interested to proceed further with the case anymore,” while referring to the complainant’s absence in several hearings. This observation came as the court dismissed a criminal appeal challenging the trial court’s decision to dismiss the complaint for non-prosecution.

The complaint, initially filed by Shyam and Sons (HUF) against respondent no. 2 for dishonor of eight cheques, was first heard by the Judicial Magistrate First Class, Kamrup. However, due to the complainant’s repeated non-appearance, the case was dismissed, and the accused was acquitted. The appellant’s counsel, Mr. S K Agarwal, contended that the dismissal was due to an inadvertent mistake by the counsel. However, the High Court found these reasons unpersuasive, citing a lack of diligence in pursuing the case.

The High Court’s decision echoes the principles laid down in similar cases, referencing precedents such as “Associated Cement Company Limited vs. Keshvanand” and “Shriram Transport Finance Company Limited vs. Manju Devi”. These rulings highlight the court’s discretion under Section 256 of the Code of Criminal Procedure, 1973, regarding the non-appearance of complainants.

Representing the respondent was Mr. D. Das, Additional Public Prosecutor for Assam, who argued in favor of upholding the trial court’s decision. The High Court’s ruling reinforces the necessity for complainants to demonstrate due diligence and consistent participation in legal proceedings, especially in cases involving financial transactions and cheque dishonor.

This judgement has significant implications for the legal handling of cheque dishonor cases, emphasizing the responsibility of complainants to actively pursue their cases to ensure justice is served.

Date of Decision: 18 November 2023

Shyam and sons (huf) VS The state of assam