HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.MMO No.: 17 of 2008 Decided on: 21.5.2008 Parmod Kumar Chauhan ………Petitioner. Versus Vijay Sharma ………Respondent. Coram: The Hon’ble Mr.Justice V.K. Ahuja, Judge. Whether approved for reporting? No. For the petitioner: Mr.Manohar Lal Sharma, Advocate. For the respondent: Mr.G.C. Kainthla, Advocate. V.K. Ahuja, J (Oral): The present petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order passed by the learned trial Court on 21.11.2007, whereby the complaint of the petitioner has been dismissed in default. Briefly stated the facts of the case are that the petitioner as complainant filed a complaint under Section 138 of the Negotiable Instruments Act as against the respondent. After recording preliminary evidence, the respondent was summoned as accused and was also appearing before the learned trial Court. _______ 1.Whether reporters of Local papers may be allowed to see the judgment? No. - 2 - On the date fixed i.e. on 21.11.2007, neither the petitioner nor the respondent was present, therefore, the petition was dismissed in default. Being aggrieved, the petitioner filed the present petition. It has been urged by the learned counsel for the petitioner that there is no specific provision in the Negotiable Instruments Act for the restoration of the complaint and, therefore, powers of this Court are sought to be invoked under Section 482 Cr.P.C. No decision to the contrary has been cited by the learned counsel for the respondent that the present petition is not maintainable. Keeping in view the averments made in the petition, duly supported by an affidavit, that the petitioner’s counsel has noted down the date wrongly which led to the dismissal of the complaint, the petition is accepted and the order passed by the learned trial Court is set aside. The complaint stands restored. Parties shall appear before the learned trial Court on 16.6.2008, who shall proceed with the case in accordance with law. A copy of this order alongwith the record of the case be returned to be learned trial Court. The petition stands disposed of accordingly. (V.K. Ahuja), May 21, 2008 Judge. (TILAK)