IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-27794 of 2008 Date of decision: 20th February, 2009 Oswal Overseas Limited … Petitioner Versus M/s Kay Tee Knitwares and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.K. Sandhir, Advocate for the petitioner. Mr. Deepak Manchanda, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. Petitioner had preferred a complaint against respondents M/s Kay Tee Knitwares, Samrala Chowk Ludhiana and Gagan Kumar, Proprietor of M/s Kay Tee Knitwares under Section 138 of the Negotiable Instruments Act read with Section 420 IPC. The complaint was listed before the Court of Judicial Magistrate (1st Class), Ludhiana. In pursuance of summoning order, process could not be issued as complainant had not deposited the process fee. On 9th July, 2008, complaint was dismissed in default on the ground that complainant has not deposited the process fee for issuance of bailable warrants against the accused. In the present case, accused had not cause appearance before the trial Court. Therefore, provisions of Section 256 Cr.P.C. are not attracted. Criminal Misc. No. M-27794 of 2008 Fair play, equity and justice demand that complaint should be restored and case is decided on merits. It has been very fairly admitted by the counsel for the petitioner that there was negligence on the part of the complainant in not depositing the process fee. I am of the view that ends of justice will be fully met in case petitioner complainant is fastened with cost on account of negligence on his part. Accordingly, the order dated 9th July, 2008 is set aside and complaint is restored at its original number, subject to deposit of cost of Rs.5000/- by the petitioner complainant. Learned counsel for the respondent has stated that respondent accused shall be present before the trial Court on 19th March, 2009 to receive the cost. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE February 20, 2009 rps 2