In Brief
M/s. BLS Infrastructure Limited filed eight cheque-bounce complaints against Rajwant Singh and others under the Negotiable Instruments Act. The appellant (complainant) led evidence and was cross-examined, then moved to summon additional witnesses under Section 311 CrPC. When the appellant later failed to appear, the Magistrate dismissed all complaints for non-appearance, and the High Court upheld this. The Supreme Court allowed the appeal, holding that once a complainant's evidence is recorded, dismissal for mere non-appearance is improper. The Court found that Section 256(1) CrPC contains a proviso allowing courts to proceed without the complainant's personal attendance when evidence exists and attendance is unnecessary, and remitted the case for proper adjudication on merits.
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