Neutral Citation No. - 2025:AHC-LKO:27185 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5782 of 2024 Applicant :- Avnish Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. The petition has been filed under Section 482 CrPC for quashing order dated 17.02.2024 passed by Atrikt Nyayalaya, Room No.1, Lucknow in Complaint No.1412 of 2012 under section 138 Negotiable Instruments Act, P.S. Ashiyana, district Lucknow. 2. Heard Shri Prashant Kumar Singh, learned counsel for the petitioner and learned A.G.A. for the State as well as Shri Vipin Kumar Rai on behalf of opposite party no.2. 3. Learned counsel for the petitioner submits that complaint case under section 138 Negotiable Instruments Act was filed by the petitioner before the court below. In the complaint case (supra), the private respondent was summoned vide order dated 26.6.2012. 4. It is submitted that the case was fixed on 17.02.2024 in the court below, on which date, the petitioner due to wrong noticing of date could not appear in Court. The complaint case has been dismissed in default vide order under challenge. 5. It is submitted on behalf of the petitioner that the dismissal of the complaint case has, in fact, resulted into acquittal of the accused persons without trying them. 6. Learned counsel for the petitioner has undertaken that he shall appear on the date fixed and not will not take any unnecessary adjournment. 7. On due consideration to the argument advanced by the petitioner's counsel, perusal of the record as also the explanation given by the petitioner in the petition for not appearing before the trial court on the date fixed as also considering the judgment in Purushotam Mantri versus Vinod Tandon alias Hari Nath Tandon 2008(4)Cri.CC 372 (Punjab and Haryana High Court), the petition is allowed and the order dated 17.02.2024 (supra) is set aside. The complaint filed before the court below is restored to its original number. . (Alok Mathur, J.) Order Date :- 8.5.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench