#Complaint Dismissal

The Kerala High Court has ruled that a complainant’s post-dismissal payment of court-ordered costs in a cheque bounce case reinstates the validity of delay condonation, affirming that substantial compliance, even if late, suffices to uphold the complaint. This sets a critical precedent for procedural fairness in NI Act cases where technical defaults are remedied in good faith.

The Himachal Pradesh High Court has ruled that dismissing a Section 138 NI Act complaint solely due to one instance of non-appearance violates judicial discretion under Section 279 BNSS. Courts must consider unavoidable circumstances and explore alternatives like adjournment or fresh notice before terminating proceedings, safeguarding complainants' right to pursue legitimate financial claims.