Neutral Citation No. - 2025:AHC:28712 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2016 of 2025 Petitioner :- Brajesh Dixit Respondent :- State of U.P. and Another Counsel for Petitioner :- Abhishek Tripathi,Akhilesh Kumar Mishra,Rishabh Mishra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner and the learned AGA. 2. The instant petition has been preferred with a prayer to set aside the impugned order dated 10.12.2024 passed by learned Sessions Judge, Hathras in Criminal Revision No.21 of 2024 (Brajesh Dixit vs. State of U.P. and another) by which the revision of the petitioner has been rejected as well as order dated 31.1.2024 passed by Additional Chief Judicial Magistrate, Hathras passed in Complaint Case No.1292 of 2019 (Brajesh vs. Jagdish) by which complaint filed by the petitioner has been rejected. 3. Brief facts of the present case are that petitioner instituted a case bearing Complaint Case No.1292 of 2019 against respondent no.2 under Section 138 N.I. Act wherein respondent no.2 has already been enlarged on bail and petitioner has also filed his evidence, in that matter, date was fixed for 31.1.2024 for cross examination and on which date, petitioner could not appear before the concerned trial court and his complaint case was rejected vide order dated 31.1.2024 under Section 256 Cr.P.C. Being aggrieved with the same petitioner preferred criminal revision no.21 of 2024 and the same was also dismissed vide order dated 10.12.2024 passed by learned Revisional court, which impugned the present petition. 4. Learned counsel for petitioner submitted that petitioner was hospitalized from 18.12.2023 to 23.12.2023 for treatment of his dislocated shoulder and due to his ill health he could not appear before the concerned court on 31.1.2024 whereupon complaint case preferred at his behest was dismissed by the learned court concerned without considering the said facts and learned revisional court has also repeated the same illegality. Learned counsel for the petitioner further submitted that due to dismissal of his complaint case on the ground of his non-appearance, petitioner would suffer irreparable loss since the dispute in question involves monetary liability. Learned counsel for the petitioner also submitted that the complainant may be given an opportunity, he will diligently prosecute the complaint. 5. Per contra, learned AGA vehemently opposed the prayer as sought through the instant and submitted that the impugned orders are just and proper since petitioner was not appearing before the concerned court on several dates. 6. A reading of proviso to Section 256 Cr.P.C, would show that the trial court has got discretion to adjourn the case to a future date without dismissing the complaint and in the present case, an application for exemption has also been preferred at the behest of petitioner, in that situation the learned trial court concerned would have exercised its discretion under the said section in shape of adjourning the matter for some other date. 7. In view of the aforementioned facts and circumstances, order dated 31.1.2024 passed by learned Additional Chief Judicial Magistrate, Hathras in Complaint Case No.1292 of 2019 (Brajesh vs. Jagdish) is hereby set aside. Matter is remanded back to learned trial court concerned to expedite disposal of said complaint case on its merit as expeditiously as possible preferable within a period of 12 months from the date of production of certified copy of this order. 8. Writ petition stands allowed accordingly. Order Date :- 28.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad