|Allahabad High Court
Section 138 NI Act | Complainant’s Non-Appearance Due to Unintimated Court Transfer Justifies Setting Aside Dismissal: Allahabad HC
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.