IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc.No. M- 13126 of 2011(O&M) Date of decision : 18.05.2011 Balwan Singh ......Petitioner versus Smt. Umesh Kumari ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Navneet Singh, Advocate for the petitioner. **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the impugned order dated 01.11.2010, passed by the Court of JMIC, Gurgaon and for restoration of complaint under Section 138 of Negotiable Instruments Act, 1881 (Annexure P-2). Counsel for the petitioner contends that the case was taken up for the first time before the Court of Judicial Magistrate Ist Class, Gurgaon, on 01.11.2010, in compliance of order dated 06.12.2008 passed by the District & Sessions Judge, Gurgaon. He further contends that the counsel for the complainant could not appear before the trial Court on 01.11.2010 due to strike by the lawyers of Bar Association District Courts Gurgaon. Crl. Misc.No. M- 13126 of 2011 --2-- After hearing the counsel for the petitioner, the instant petition is allowed. The impugned order dated 01.11.2010 passed by the Court of Judicial Magistrate Ist Class, Gurgaon is set aside and the complaint is restored at its original number subject to payment of Rs.2000/- as costs. However, the petitioner is directed to appear before the Court concerned on the date fixed by the Judicial Magistrate Ist Class, Gurgaon. 18.05.2011 (Ritu Bahri) dinesh Judge