OM PRAKASH NAYAK VS GOPAL RAM
- 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.
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