Code of Criminal Procedure, 1973–Sec. 256–Negotiable Instruments Act, 1881–Sec. 138–Dismissal of complaint by exercising the powers u/s. 256–Justification–Complainant remainmed present in the Court almost on each and every occasion since 2013 till 2021–He was quite vigilant–He could not appear before the Court due to lack of knowledge about transfer of the case–Complaint was rejected without assigning any reason–No order was passed directing to complainant to remain present–Court below ought to have adjourned the matter to a later date–Impulsive decision of the learned Magistrate has led to miscarriage of justice–Impunged order quashed and set aside with the direction of restroration of proceedings.
