#complainant absence

The Allahabad High Court held that once the complainant is duly notified of a bail application, their physical absence does not invalidate the hearing under Section 483(2) BNSS. This clarifies that procedural compliance, not presence, governs bail proceedings in POCSO cases, reinforcing due process even when victim participation is limited by trauma or logistical barriers.

The Allahabad High Court has ruled that a complainant’s failure to appear in a cheque dishonour case, when unaware of the case’s transfer to a new court, cannot justify automatic dismissal. This sets a critical precedent for procedural fairness in NI Act prosecutions, ensuring complainants are not penalized for administrative failures beyond their control, and reinforces the right to a meaningful opportunity to prosecute legitimate debt claims.