#Section 279 BNSS

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.

The Himachal Pradesh High Court ruled that courts must exercise judicial discretion in cases of complainant non-appearance, considering adjournments or proceeding on evidence rather than ordering automatic acquittal. This holding reinforces procedural fairness and prevents mechanical dismissals in criminal trials.