IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Revision No. 69 of 2011 Date of decision: 15.10.2011 ________________________________________________________________ The Jammu & Kashmir Bank Limited. .....Petitioner. Versus Narender Kumar Kapoor. .....Respondent. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Neeraj Gupta, Advocate with Mr. Ajeet Jaswal, Advocate. For the respondent: None, though served. V.K. Sharma, J. (Oral). None appears on behalf of the respondent despite valid service for today. 2. Heard. 3. The petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent. It was fixed in the learned court below on 16.12.2010 when neither the petitioner (complainant) nor the respondent (accused) appeared. Consequently, the complaint was dismissed in default. It is stated that on that day the proceedings before the learned trial court were fixed for service of the respondent. 4. According to the learned counsel for the petitioner, the 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... petitioner could not appear in the court on the date fixed as the learned counsel for the petitioner had noted down the date of hearing wrongly. 5. In the facts and circumstances of the case, it shall be expedient and in the interest of justice that the complaint filed by the petitioner against the respondent is heard on merits and more so when the respondent has not chosen to appear and contest the present petition. Accordingly, the petition is allowed and the impugned order dated 16.12.2010 is quashed with a direction to learned trial court to restore the complaint to its original number and to proceed with the same further in accordance with law. However, it shall be subject to payment of costs of ` 1000/- (one thousand). The petitioner shall tender the costs in the learned court below, where he shall put in appearance on 21st November, 2011. 6. In view of the above, the revision stands disposed. (V.K. Sharma) Judge 15th October, 2011 (virender)