Cheque bounce case -- In no way, by the absence, the complainant/appellant is to be benefitted in this complaint case nor there is anything on the record to show that there was any mala fide intention on the part of the complainant/appellant for his absence from the proceedings – Impugned order passed by the Ld. JMIC, has caused miscarriage of justice -- If this order is not set aside, the complainant/appellant will suffer irreparable loss -- Rights of the parties should be decided on merit as far as possible -- Court should do substantial justice between the parties and should not go into the technicalities of the law -- Where technical consideration and merit or cause of substantial justice are pitted against each other, the cause of merit and substantial justice is to prevail -- Complaint is restored at the stage from where it was dismissed by the trial Court.

(P&H HC) Decided on: 18.03.2016