IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-51583 of 2007 Date of decision: 15th April, 2009 Jagdish Chander Jain … Petitioner Versus Ch. Sunhera Singh … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ajit Atri, Advocate for the petitioner. Mr. Madan Pal, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the order dated 24th April, 2006 (Annexure P-2) passed by the Judicial Magistrate (1st Class), Karnal. In the present case, complaint under Section 138 of Negotiable Instruments Act was instituted on 20th December, 1996. Same was dismissed in default on 18th February, 1997. Against the dismissal of the complaint in default, a revision petition was filed and the revisional Court on 2nd December, 2005 had restored the complaint. Subsequently, complaint was again dismissed in default on 24th April, 2006. A revision petition was preferred, which was dismissed on 2nd August, 2007. The complaint was dismissed before the accused could be summoned. Therefore, Section 256 Cr.P.C. will not come into play. Counsel for the petitioner has stated that fair play demands that the complaint should be adjudicated on merits. He says that the Criminal Misc. No. M-51583 of 2007 complainant could not cause appearance due to bonafide mistake and he is ready to pay the cost as compensation to the accused, who had to cause appearance in this Court. Counsel for the respondent accused has submitted that 12 years have elapsed, therefore, heavy cost should be imposed. Taking into consideration the rival submissions made by counsel for the parties, impugned order dated 24th April, 2006 (Annexure P-2), whereby complaint was dismissed in default, is set aside. Complaint is restored to its original number, subject to payment of Rs.10,000/- as cost. Petitioner may cause appearance before the trial Court on 8th May, 2009. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 15, 2009 rps 2