Legal World

OM PRAKASH NAYAK VS GOPAL RAM

Rajasthan High Court · 7 Apr 2026

Open in Nyaya
Court
Rajasthan High Court
Bench
Jodhpur
Date
7 Apr 2026
Citation / case number
CRLAS / 142 / 2026

Summary

The appellant sought restoration of the Section 138 NI Act complaint, challenging its dismissal for one instance of non-appearance. HELD- Since dismissal for default carries consequences akin to acquittal, the Court must apply its mind to deliberate or contumacious default, prior diligence, prejudice and whether another opportunity is warranted. Mechanical dismissal defeats adjudication on merits; the non-speaking, disproportionate order was set aside and the complaint restored.

Source: official court website · checked 4 Oct 2026 · Check the court's copy

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