CRR No.3086 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3086 of 2010 (O&M) Date of Decision : 08.07.2011 Regional Provident Fund Commissioner …Petitioner Versus M/s Palsons Fabric Limited …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Rajiv Sharma, Advocate for the petitioner. None for the respondent. *** AJAY TEWARI, J. (ORAL) None has appeared on behalf of the respondent despite service. This petition has been filed against the order dated 01.11.2010 passed by the learned Judicial Magistrate, Ist Class, Gurgaon whereby he imposed costs on the authorized representative of the Provident Fund office and on the Provident Fund Commissioner, Gurgaon. The petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent on account of CRR No.3086 of 2010 (O&M) -2- the fact that some amounts which had to be deposited with the Provident Fund Commissioner had been paid through cheque by the respondent but the said cheque had been dishonored. Learned counsel for the petitioner has argued that the complaint was filed as far back as on 05.04.2005 and it took more than 5 years to even serve the respondent. During that time the amount was deposited by the respondent and it was for the inaction of the petitioner in not informing the Court in time that costs have been imposed. In my considered opinion, in this long time during which the matter just remained kept pending even though it was the duty of the petitioner to inform the Court regarding the deposit of the cheque yet they cannot be held so blameworthy as to be subjected to the payment of costs. Consequently, this revision is allowed. The impugned order imposing the costs upon the petitioner is set aside. ( AJAY TEWARI ) July 08, 2011 JUDGE ashish