CMP 67/02 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. CRIMINAL MISC. PETITION NO.67/02 Transamerica Apple Distribution Finance Ltd. Versus Om Prakash [2] S.B. CRIMINAL MISC. PETITION NO.35/02 Transamerica Apple Distribution Finance Ltd. Versus Maya Dinkar [3] S.B. CRIMINAL MISC. PETITION NO.36/02 Transamerica Apple Distribution Finance Ltd. Versus Lalchand Tondiwal [4] S.B. CRIMINAL MISC. PETITION NO.37/02 Transamerica Apple Distribution Finance Ltd. Versus Patel Ram Meena [5] S.B. CRIMINAL MISC. PETITION NO.56/02 Transamerica Apple Distribution Finance Ltd. Versus Roopchandra Soni [6] S.B. CRIMINAL MISC. PETITION NO.57/02 Transamerica Apple Distribution Finance Ltd. Versus Narender Sharma [7] S.B. CRIMINAL MISC. PETITION NO.33/02 Transamerica Apple Distribution Finance Ltd. Versus Mohan Kumar DATE OF ORDER :: 07/08/2007 HON'BLE MR. JUSTICE AJAY RASTOGI CMP 67/02 [2] Mr. Ajay Tantia for Mr. R.K. Mathur, for petitioner Mr. S.Z. Ali for Mr. S.M. Ali, for respondents *** Since all the misc. petitions arise from common judgment dated 24th September, 2001, hence are disposed of by the present order. Petitioner filed a complaint against the respondents u/s.138 of Negotiable Instruments Act and after statements were recorded, matter was fixed for taking cognizance. On one occasion, the counsel/petitioner could not appear and on account of which complaints were dismissed by learned trial Judge and its restoration was also rejected vide order dated 24th September, 2001. I have heard both the counsel and perused the order impugned. This court is of the opinion that learned trial Judge has committed a serious error in dismissing the complaints which were fixed at the stage of taking cognizance and the restoration application was also dismissed without assigning any reason vide order dated 24th September, 2001. Accordingly, the misc. petitions stand allowed and the orders of learned trial Judge dated 6th January, 2001 and so also 24th September, 2001 are hereby quashed and set aside and the matter is CMP 67/02 [3] remanded back to learned trial Judge to proceed further in accordance with law. Complainant- petitioner is directed to appear before learned trial Judge on 10th September, 2007. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.67CMP2002 7-8.doc