Crl.Misc.No.M-33865 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-33865 of 2008. Decided on: September 01, 2009. Mrs.Sudha Dilip Parikh .. Petitioner VERSUS Shri Devvert Singh .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Kuldeep Mansukhani, Advocate, for the petitioner. Mr.Devvert Singh, respondent in person. M.M.S. BEDI, J. The petitioner has been summoned in a complaint case under Section 138 of the Negotiable Instruments Act (for short 'The Act'), filed by complainant-respondent though there was a delay of 13 days in filing of the complaint. Without expression of any opinion on the other points raised in the petition, the petition deserves to be allowed on the basis of the ratio of judgment in Crl.Misc.No.M-34477 of 2008, titled M/s Harishchandra & Co., and others Vs.Sh.Devvert Singh, decided on 01.09.2009, wherein it has been held that an . . . 1 Crl.Misc.No.M-33865 of 2008 application for condonation of delay filed under Section 142(b) of the Act, cannot be allowed without issuing notice to the accused. In the present case, the summoning order is set aside as the subject matter is covered by the decision in above said criminal miscellaneous. Disposed of in same terms. The complainant is directed to put in appearance before the trial Court on 23.10.2009, for proceedings in accordance with law. (M.M.S.BEDI) JUDGE September 01, 2009. rka . . . 2