Ni act case dismiss
RAVI SRIVASTAVA
(Querist) 26 March 2025
This query is : Resolved
What is procedeure of Dismissal case in non presence of applicant under section 138 of NI act
T. Kalaiselvan, Advocate
(Expert) 26 March 2025
If the complainant is continuously absent in the case and shows no interest in prosecuting the case then the court may dismiss the case for the same reason.
Advocate Bhartesh goyal 
(Expert) 26 March 2025
Generally court dismiss the case when either complainant does not appear in the court especially when their presence is required for recording statements.
Dr. J C Vashista
(Expert) 27 March 2025
When the complainant has deposed in pre-summoning and post-summoning there is no requirement of complainant to be present on each date, if s/he is properly represented by his/her lawyer.
Be clear as to what is the actual problem and what is your locus standi ?
RAVI SRIVASTAVA
(Querist) 27 March 2025
What is post procedure of matter of non presence of CmplainantDismissal case in NI Act
T. Kalaiselvan, Advocate
(Expert) 27 March 2025
What do you mean by post procedure of dismissal?
If the complaint has been dismissed he cannot do anything about it.
The complaint under Section 138 of the Negotiable Instruments Act (NI Act) can be dismissed for non-prosecution, meaning if the complainant fails to appear or prosecute the case, the court can dismiss it but this discretion must be exercised judiciously and fairly by the court.
However the complainant can appeal against the dismissal order, but the appeal may be allowed only if the appellant's non-appearance is justified and no prejudice would be caused to the respondent.
