IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.3992-M of 2010 Date of Decision:19.5.2011 Ramesh Chand Kukkar .... Petitioner Versus Shalinder Setia .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. A.K. Khunger, Advocate for the petitioner. Mr. Sandeep Khunger, Advocate for the respondent. **** 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 present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 15.1.2010 passed by learned Sessions Judge, Ferozepur, whereby the revision petition filed against the order dated 28.11.2009 passed by learned Judicial Magistrate Ist Class, Abohar, dismissing the application of the petitioner for dismissing the complaint of the respondent as the respondent failed to comply with the order passed by the learned trial Court, was dismissed. It is contended that on 30.4.2008, the respondent- complainant did not come present to pursue the complaint before the learned trial Court in spite of the warning given on 6.10.2007. The trial Court issued fresh show cause notice on 30.4.2008 to the respondent-complainant to appear in his case. Respondent- complainant again on 30.4.2008 absented himself from the Crl. M. No.3992-M of 2010 -2- proceedings without any intimation to the trial Court. As such, the same should have been dismissed. Instead of dismissing the complaint of the respondent, the trial Court dismissed the application of the petitioner vide order dated 28.11.2009. The revision against the said order was also dismissed. Learned counsel for the petitioner, however, has fairly stated that he has no objection and he will be satisfied, if a direction is issued to the respondent-complainant to undertake to appear on each and every date of hearing and in case he does not appear on any particular date, the complaint shall be dismissed without any further notice. Learned counsel for the respondent has agreed to the same. In view of the above, the present petition is disposed of with a direction that respondent-complainant shall give an undertaking to the effect that he shall appear before the trial Court on each and every date and in case he does not appear on any particular date of hearing after the date fixed before the trial Court, the complaint shall stand dismissed without any further notice. Thereafter, the complainant will be bound by the undertaking and the trial Court will also proceed to pass the order in pursuance thereof. 19.5.2011 ( NIRMALJIT KAUR ) rajeev JUDGE