1 66 Cl 1 2 4 CrlMisclllolVle79076of2006 1 INTI HlGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crllvlisclllolv79076of2006 DateofDecisionl6l251009 Krishan Lal Petitioner Vs Sangeeta Aggarwal e m lr CORAM 1 HONBLE MRJUSTICE RAJIVE BHALLA 0 0 8888 I C5 Present1 Mranjiv GuptaAdvocate for thepetitioner I Mr AkshayJain Advocate for the Z RAJIVE BHALLA J r I Tlle petitionerprays for quashingof the complaintthe c6 m orderdated 263 2005 and the order23102006 whereby the 7 complaintwhich was dismissedfor non hasbeen restored Z Before proceeding to the presentcontroversy it would be to mention here that argumentshave been addressed as to the legolityof the order dated 231 02006 wherebythe complaint which was dismissedfor non hasbeen orderedto be restored The flled a complaintunder Section 138 of the NegotiableInstrumentsAct lereinafter refened to as he Act On 16 122005 the complaint was dismissed in default However on an application flled by the respondentthe complaintwas restoredvide order dated23102006 . Rashmi 2012.07.09 16: 31 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 67 n le J CrlMiscNoMe79076 of2006 2 Counsel for the petitionersubmits that once dismissed in default a criminal complaintcannotbe restored as the Code does not conferthe power to recall or review an order except to the extent of clerical andlor arithmetical errors It is submiued that as the Chief Judicial Magistrate had no jurisdictionto recall the order dated 16122005 the petitionbe allowed andtheimpugned order be set aside Counsel for the however submits that as the complaint was pendingfor of the petitionerthe learned did not commit any error in recallingthe order and restoring the 0 0 complaint which was dismissedin default I 0 I have heard learned counsel for the partiesand perusedthe I order dated23 02006 whereby the recalled his Z order dated 161 22005 andrestoredthecomplaint to itsoriginalstage The m C Code of Criminal Procedure does not confer any power to reviewlrecall an I order The onlysituation in which a court may alter its order 08 f 1S where it proposes to correct clerical andlor arithmetical errors A 7 once dismissed for failure of the to put Ill Z appearance therefore cannot be restored The questionwhether the Magistrate was to dismiss the complaintin defauIt for non appearance is a matter apartand can be agitated in It 1S therefore apparentthat the learned Chief Judicial Magistrate had nojurisdiction to passthe order dated 23102006 In view of what has been stated herein above the revlsion petitionis allowed and the order dated23102006 is set aside with libeny to the to seek her remedyagainstthe order dismissing her complaint for default in appearance in accordancewith law . Rashmi 2012.07.09 16: 31 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 68 aP 1 CrlMisclllolv79076 of2006 3 r 6452009 RAJIVE BHALLA9 GS JUDGE Iv 0 5 el 1 eP 0 0 I 0 I Z m ir C45 m 7 Z Ll . Rashmi 2012.07.09 16: 31 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document