[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 289/2008 SANJEEV TEBUTIA Vs. ASHOK KUMAR SHARMA Date: 20.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Raghunandan Sharma for the petitioner. **** Brief facts of the case are that the complainant-petitioner filed a complaint under Section 138 of the Negotiable Instruments Act before the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.11, Jaipur City, Jaipur regarding dishonour of a cheque amounting to Rs. 25,000/-.The complaint was kept on 07.12.2005 and on 07.12.2005 the petitioner appeared along with his counsel, but the complaint was dismissed by the Court below on the ground that Talbana has not been filed. Being aggrieved and dissatisfied with the order dated 07.12.2005, the petitioner filed a restoration application on the next day i.e. on 08.12.2005 but the Court below dismissed the restoration application filed by the petitioner vide order dated 13.01.2006. [2] Thereafter being not satisfied with the orders dated 07.12.2005 and 13.01.2006 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.11, Jaipur City, Jaipur, the petitioner preferred a revision petition and the same came to be dismissed by the Additional District Judge (Fast Track) No.4, Jaipur City, Jaipur vide order impugned dated 05.08.2006. Against the orders impugned dated 07.12.2005, 13.01.2006 and 05.08.2006, the present criminal misc. petition has been filed by the petitioner under Section 482 Cr.P.C. I have considered the submissions made on behalf of the petitioner and carefully gone through the orders impugned passed by the trial Court as well as the Revisional Court. Looking to the facts and circumstances of the case and the conduct of the petitioner as the petitioner appeared before the Court below but the Court below without providing opportunity to the petitioner to file PF and notices, dismissed the complaint filed by the petitioner in default as PF and notices were not filed and on the next day, restoration application was filed by the petitioner but the same was also dismissed, in the interest of justice and as per the settled preposition of law, the [3] orders impugned require interference by this Court. Consequently, the orders impugned dated 07.12.2005, 13.01.2006 and 05.08.2006 passed by the Courts below are hereby quashed and set aside and in case the petitioner files PF and notices within a period of 15 days, the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act be restored at its original number subject to payment of Rs. 500/- as cost to the respondent. With these observations, the criminal misc. petition stands disposed of. (K.S. RATHORE)J. /KKC/