Criminal Revision No. 341 of 2009 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 341 of 2009 (O&M) Date of Decision: 23.3.2009 Punjab State Warehousing Corporation …Petitioner Versus Karuna Exports (P) Ltd. …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Gurmeet Singh, Advocate for Mr.A.D.S. Sukhija, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Criminal Misc. No. 6812 of 2009 For the reasons mentioned in the application, delay of 154 days in filing the present revision petition is condoned. Criminal Misc. Application is disposed off. Criminal Revision No. 341 of 2009 Punjab State Warehousing Corporation, Head Office at Chandigarh through its duly authorized person Gurdev Singh, Technical Assistant, had filed a complaint under Section 138 of the Negotiable Instruments Act. Vide summoning order dated 9.12.2005 (Annexure P2) accused No.1 and 5 were ordered to be summoned to stand trial. Accused No.1 is Karuna Exports Private Limited, whereas accused No.5 Criminal Revision No. 341 of 2009 (O&M) 2 is Suresh Kumar son of Kalu Ram, Director of M/s Karuna Export Private Limited. On 21.5.2008, the Sub Divisional Judicial Magistrate, Rajpura, had passed the following order:- “Complaint under Section 138 of Negotiable Instrument Act. Present: None. Death report of accused Suresh Kumar received back along with copy of certificate. As such, as per death report accused Suresh Kumar has died and proceedings against accused Suresh Kumar stands abated. No other accused was ordered to be summoned. As such, file be consigned to Record Room. Sd/- Pronounced Sub Divisional Judl. Magistrate 21.5.08 Rajpura”. Counsel for the petitioner has submitted that by death of Suresh Kumar, the entire complaint will not abate. Accused No.1 is a company, therefore, a juristic person. It can be prosecuted through legal representative. Counsel further submits that order was passed in absence of counsel for the complainant. In pursuance of the summoning order, accused has not caused appearance. Therefore, it was incumbent upon the trial Court to afford an opportunity of hearing to the complainant before pronouncing that complaint has abated., After hearing counsel for the petitioner/complainant, impugned order (Annexure P3) is set aside. The trial Court shall consider the Criminal Revision No. 341 of 2009 (O&M) 3 whole gamut and the controversy involved after hearing counsel for the complainant and pass a fresh order. With the observations made above, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 23, 2009 “Sd/DK”