Oswal Overseas Limited vs M/S Kay Tee Knitwares And Another on 20 February, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH


                     Criminal Misc. No. M-27794 of 2008
                     Date of decision: 20th February, 2009


Oswal Overseas Limited

                                                                   ... Petitioner

                                    Versus

M/s Kay Tee Knitwares and another
                                                                ... Respondents


CORAM:         HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA


Present:       Mr. S.K. Sandhir, Advocate for the petitioner.

               Mr. Deepak Manchanda, Advocate for the respondents.



KANWALJIT SINGH AHLUWALIA, J.

Petitioner had preferred a complaint against respondents M/s

Kay Tee Knitwares, Samrala Chowk Ludhiana and Gagan Kumar,

Proprietor of M/s Kay Tee Knitwares under Section 138 of the Negotiable

Instruments Act read with Section 420 IPC.

The complaint was listed before the Court of Judicial

Magistrate (1st Class), Ludhiana. In pursuance of summoning order,

process could not be issued as complainant had not deposited the

process fee.

On 9th July, 2008, complaint was dismissed in default on the

ground that complainant has not deposited the process fee for issuance of

bailable warrants against the accused.

In the present case, accused had not cause appearance

before the trial Court. Therefore, provisions of Section 256 Cr.P.C. are not

attracted.

Criminal Misc. No. M-27794 of 2008 2

Fair play, equity and justice demand that complaint should be

restored and case is decided on merits.

It has been very fairly admitted by the counsel for the

petitioner that there was negligence on the part of the complainant in not

depositing the process fee.

I am of the view that ends of justice will be fully met in case

petitioner complainant is fastened with cost on account of negligence on

his part.

Accordingly, the order dated 9th July, 2008 is set aside and

complaint is restored at its original number, subject to deposit of cost of

Rs.5000/- by the petitioner complainant. Learned counsel for the

respondent has stated that respondent accused shall be present before

the trial Court on 19th March, 2009 to receive the cost.

With these observations, present petition is disposed off.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
February 20, 2009
rps