IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.5692-M of 2009 (O&M) Date of Decision:22.7.2010 M/s Bhartiya Bricks Kiln .... Petitioner Versus M/s Balwan Singh & Co. and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. R.K. Handa, Advocate for the petitioner. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. (Oral) The short prayer made in the present petition is for setting aside the order dated 10.9.2008 passed by learned Judicial Magistrate, Ist Class, Jagadhari, whereby the complaint of the petitioner was dismissed in default. It is pointed out that prior to the dismissal of complaint, evidence of the complainant had been recorded and the case was fixed for consideration for summoning the accused. Learned counsel for the petitioner also contends that non appearance of the petitioner and his counsel on the date fixed was on account of noting of wrong date. The Apex Court in the case of S. Anand v. Vasumathi Chandrasekar reported in 2008(2) RCR (Criminal) page 76 held that the order dismissing the complaint in default at this stage when Pws were already examined and the case was fixed for defence evidence is not valid. However, no one appears on behalf of the respondents in spite of service. It is, therefore, obvious that the respondents do not wish to Crl. M. No.5692-M of 2009 (O&M) -2- contest the present petition wherein the prayer for setting aside the impugned order dated 10.9.2008 is prayed for. Moreover, in the present case, evidence of the complainant had been recorded and the case was fixed for consideration. Accordingly, order dated 10.9.2008 passed by learned Judicial Magistrate, Ist Class, Jagadhari, is set aside and complaint is restored to its original number. The trial Court is directed to proceed with the complaint in accordance with law and dispose of the same expeditiously. The present petition stands disposed of accordingly. 22.7.2010 ( NIRMALJIT KAUR ) rajeev JUDGE