Crl. Misc. No. M-5814 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-5814 of 2011 (O&M) Date of Decision: March 15, 2011 Parle Biscuits (P) Ltd. .................................................. Petitioner Versus M/s Sandeep Marketing Company and another ........ Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Rakesh Nehra, Advocate for the petitioner. ... RITU BAHRI, J. Challenge in this petition is to the order dated 25.11.2010 whereby the application for restoration of complaint No.22/2003 dated 16.5.2003 has been dismissed in default. Mr. Rakesh Nehra, counsel for the petitioner, has vehemently argued that the petitioner has been pursuing his aforesaid complaint vigilantly. Somehow, on 17.5.2007 the complaint was dismissed in default as the counsel for the complainant did not appear. His application for restoration of the complaint under Section 138 of the Negotiable Instruments Act dismissed on 17.5.2007, was filed on 2.4.2009 by observing that no intimation has been received by the Court for the alleged Crl. Misc. No. M-5814 of 2011 (O&M) [ 2 ] absence. His appeal against this order dated 2.4.2009 was dismissed on 25.11.2010 on the ground that the Court of Magistrate could not review its own order which had been passed on 2.4.2009. Counsel for the petitioner has referred to the various zimni orders at pages 36 to 39 to contend that after filing the application for restoration, he had been attending the court proceedings but somehow again on 2.4.2009 the counsel could not appear and the complaint has been dismissed in default. Against the order dated 25.11.2010 the petitioner had a remedy of filing appeal within a period of 60 days which he has not chosen to avail. Keeping in view the fact that the petitioner has been following up the aforesaid complaint right from the year 2003, the order dated 25.11.2010 is set aside. The complaint is restored to its original number. This order is subject to payment of `10,000/- as costs which will be deposited by the petitioner before the trial Court to resume the proceedings in the complaint. 15.3.2011 ( RITU BAHRI ) Rupi JUDGE