IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-49342 of 2007 Date of decision: 21st January, 2009 M/s Kores (India) Ltd. … Petitioner Versus Rajeev Jaswal and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vishal Garg, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Despite various efforts, service could not be effected upon the respondents accused. M/s Kores (India) Ltd. petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act in the Court of Chief Judicial Magistrate, Chandigarh. Before the summons could be issued to the accused, complaint was dismissed for want of non-prosecution. In the present case, complaint was dismissed for non- prosecution before notice could be issued to the accused, therefore, in prayer for restoration of the complaint, service upon the respondents is not necessary. On the date when complaint was dismissed for non- prosecution, on that date an application for personal appearance of the representative of complainant, Mandeep Bazwaria, was filed. Court held that earlier, complainant company was represented by some other representative. Complaint was filed in year 2001. Preliminary evidence was not concluded, therefore, complaint was dismissed for non-prosecution. Criminal Misc. No. M-49342 of 2007 Fair play and balance of equities demand that two opportunities should be granted to the complainant to conclude his entire preliminary evidence. Accordingly, order dated 14th August, 2007 is set aside, subject to deposit of cost of Rs.10,000/- in the Court. Two opportunities are granted to the petitioner complainant to conclude entire preliminary evidence. Preliminary evidence be concluded within a span of one month. Complainant company, through its authorized representative shall cause appearance before the trial Court on 6th February, 2009. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE January 21, 2009 rps 2