[2025:RJ-JP:19459] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Leave To Appeal No. 290/2023 Satyanarayan Maalav S/o Shri Maangilal, Aged About 58 Years, R/o Anta, Tehsil Anta, Baran, Rajasthan. ----Appellant Versus Hargovind Meena S/o Shri Jaankilal, R/o Delyahedi, Tehsil Anta, District Baran, At Present Resident Of Teacher, Government High Secondary School Niyana, Post Khaurna Kalan, Tehsil Anta, District Baran, Rajasthan. ----Respondent For Appellant(s) : Mr. Abhishek B. Sharma For Respondent(s) : Mr. Jagdish Singh Chauhan HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/05/2025 1. Aggrieved from dismissal of criminal complaint No. 21/2018 under Section 138 of NI Act on 10.08.2018 on ground of non- prosecution, the instant leave to appeal is preferred by appellant- complainant. 2. Considered the submission of learned counsel for the parties and learned Public Prosecutor. 3. The grounds are sufficient to consider the matter on merits, hence leave is granted. 4. Learned counsel for appellant while relying upon judgment in case of Vashisth Brothers Vs. Smt Sarita order dated 18.07.2023 in S.B. Criminal Leave to Appeal No. 109/2022 passed by this Court submits that in identical facts this Hon’ble Court has allowed the appeal of complainant and after restoration [2025:RJ-JP:19459] (2 of 3) [CRLLA-290/2023] remitted back the matter. He also submits that he will ensure that on next date of hearing the counsel for complainant remained present before the Trial Court and assist the Court in early disposal of the matter. At last, he submits that the grounds for non-appearance are well-explained by him. 5. Aforesaid contentions were opposed by learned counsel for respondent-complainant and he submits that the complainant and his counsel were negligent in pursuing the matter before the Trial Court and ultimately the Trial Court has invoked the power under Section 256 of Cr.P.C. to dismiss the complaint and there is no sufficient ground to restore the matter. 6. Heard learned counsels for the parties and perused the material placed on record. 7. A criminal complaint under Section 138 NI Act was filed by appellant before learned Trial Court and the matter was fixed for taking cognizance on 10.08.2018 but neither of the complaint or his counsel remained present before the Trial Court which resulted into dismissal of complaint filed by appellant-complainant. 8. A perusal of stage of proceeding clearly indicate that for passing an order of cognizance neither the complainant nor the counsel was required. The Trial Court was required to pass an order on the basis of material available on record which includes an affidavit filed in support of complaint along with dishonored cheque, bank slip and proof of service of notice but herein this case, after recording the statement of complainant on 04.04.2018, the matter was fixed for arguments on cognizance. The stage of taking cognizance was just a formal process, therefore, the trial Court has committed serious error while dismissing the complaint [2025:RJ-JP:19459] (3 of 3) [CRLLA-290/2023] at the stage of cognizance when the complainant was not required. 9. In case of Vashisth Brothers Vs. Smt Sarita (supra) this Court has considered several judgments of Hon’ble Supreme Court while allowing criminal leave to appeal and set aside the order of dismissal of complaint under Section 256 of Cr.P.C. 10. Having considered aforesaid, the grounds mentioned by appellant-complainant are satisfactory and sufficient to allow the instant appeal. 11. In view of aforesaid, the instant appeal is allowed and impugned order 10.08.2018 is set aside. 12. As a result, the criminal complaint filed by Satyanarayan Maalav S/o Shri Maangilal is restored and remitted back to the Trial Court. The Trial Court is directed to proceed in the complaint from the stage fixed for consideration on 10.08.2018. 13. The complainant is directed to appear before learned Trial Court on 02.06.2025. 14. The respondent-accused is also directed to appear as and when a notice is served upon him, if Trial Court proceed to take cognizance. 15. Pending application(s), if any, also stands disposed of. (ASHOK KUMAR JAIN),J MONU /39