CRM-A-1578 IN THE HIGH COURT OF PUNJAB AND HARYANA 115 Mahesh Kumar Gupta Surya Bhan Coram : Present: Rajesh Bhardwaj, J. (Oral) CRM-10614 case bearing CRM by an affidavit of the applicant date of the main case is pre taken up for hearing a CRM-47134 days in filing the main appeal. by an affidavit of the applicant delay of 63 days in filing the main appeal is condoned. CRM-A-1578 is supported the file immediately. 1578-2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Mahesh Kumar Gupta Versus Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Naresh Chander, Advocate, for the appellant. **** Rajesh Bhardwaj, J. (Oral) 10614-2025 Prayer in the present application is for pre case bearing CRM-A-1578 of 2023 from 02.07.2025 to an For the reasons mentioned in the application, which is supported by an affidavit of the applicant-appellant, the same is hereby allowed and the date of the main case is pre-poned from 02.07.2025 to today and the case is taken up for hearing accordingly. 47134-2023 Prayer in the instant application is for condonation of delay of 63 days in filing the main appeal. For the reasons mentioned in the application, which is supported by an affidavit of the applicant-appellant, the same is he delay of 63 days in filing the main appeal is condoned. 1578-2023 The instant application, filed under Section 378(4) Cr.P.C., which by an affidavit of the applicant-appellant, is hereby allowed. Leave is granted. Office is directed to list the present case as an appeal and return the file immediately. - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-1578-2023 (O&M) Decided on:25.03.2025 ...Petitioner ...Respondent Justice Rajesh Bhardwaj Advocate, Prayer in the present application is for pre-ponment of the main 1578 of 2023 from 02.07.2025 to an early date. For the reasons mentioned in the application, which is supported appellant, the same is hereby allowed and the poned from 02.07.2025 to today and the case is Prayer in the instant application is for condonation of delay of 63 For the reasons mentioned in the application, which is supported appellant, the same is hereby allowed and the delay of 63 days in filing the main appeal is condoned. he instant application, filed under Section 378(4) Cr.P.C., which appellant, is hereby allowed. Office is directed to list the present case as an appeal and return ...Petitioner ...Respondent ponment of the main For the reasons mentioned in the application, which is supported appellant, the same is hereby allowed and the poned from 02.07.2025 to today and the case is Prayer in the instant application is for condonation of delay of 63 For the reasons mentioned in the application, which is supported reby allowed and the he instant application, filed under Section 378(4) Cr.P.C., which Office is directed to list the present case as an appeal and return VINOD KUMAR 2025.03.28 09:37 I attest to the accuracy and integrity of this document CRM-A-1578 CRA-AS-47 1. 15.05.2023 passed by the learned Judicial Magistrate 1 vide which complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”) was dismissed for want of prosecution. 2. complaint under Section He led preliminary evidence and after having satisfied with it, learned JMIC passed summoning order against the respondent to appear intentionally and ultimately vide order dated 06.10.2018. Thereafter, the file was consigned to record room with a condition to surrenders or the complainant furnishes period of 5 years, the matter was taken up when the respondent an application for grant of bail, who was granted bail on 16.02.2023 and the notice was also ordered to be issued to the present appellant appearance as the interregnum period, changed his residence and remained unaware about the status of his complaint. He submits that due to his unawareness, the appellant could not appear before the learned for want of prosecution vide order dated 15.05.2023, which has been assailed by the appellant in the present appeal. 3. the records that absence of was fully unintentional and it narrated here accused having been declared as a proclaimed offend a monetary dispute, if the complaint filed by the appellant is not decided on merits, he would suffer an irreparable loss and injury. 4. available record, I find filing the complaint, the appellant after appreciating the 1578-2023 (O&M) -2025 The present appeal has been filed against the order dated 15.05.2023 passed by the learned Judicial Magistrate 1 which complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”) was dismissed for want of prosecution. Learned counsel for the appellant submits that the appellant filed a complaint under Section 138 of the Act before the learned JMIC, Chandigarh. He led preliminary evidence and after having satisfied with it, learned JMIC passed summoning order against the respondent to appear intentionally and ultimately was declared vide order dated 06.10.2018. Thereafter, the file was consigned to record room with a condition to be taken up as and when the accused is arrested or surrenders or the complainant furnishes his list of properties. However period of 5 years, the matter was taken up when the respondent an application for grant of bail, who was granted bail on 16.02.2023 and the notice was also ordered to be issued to the present appellant appearance as well as for evidence. However, the interregnum period, changed his residence and remained unaware about the status of his complaint. He submits that due to his unawareness, the appellant could not appear before the learned Magistrate, who dismissed his complaint for want of prosecution vide order dated 15.05.2023, which has been assailed by the appellant in the present appeal. Learned counsel for the appellant submits that it is apparent from the records that absence of the appellant or his counsel before the trial Court was fully unintentional and it was because of the facts and circumstances narrated here-in-before as the case was consigned to the record room after the accused having been declared as a proclaimed offend a monetary dispute, if the complaint filed by the appellant is not decided on merits, he would suffer an irreparable loss and injury. After hearing learned counsel for the appellant and perusing the available record, I find merit in the present appeal. It is apparent that after filing the complaint, the appellant-complainant led preliminary evidence and after appreciating the same, the learned Magistrate passed the summoning - 2 - The present appeal has been filed against the order dated 15.05.2023 passed by the learned Judicial Magistrate 1st Class, Chandigarh, which complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”) was dismissed for want Learned counsel for the appellant submits that the appellant filed a 138 of the Act before the learned JMIC, Chandigarh. He led preliminary evidence and after having satisfied with it, learned JMIC passed summoning order against the respondent-accused, who did not choose declared as a proclaimed offender vide order dated 06.10.2018. Thereafter, the file was consigned to record room up as and when the accused is arrested or himself list of properties. However, after a period of 5 years, the matter was taken up when the respondent-accused filed an application for grant of bail, who was granted bail on 16.02.2023 and the notice was also ordered to be issued to the present appellant-complainant for well as for evidence. However, the appellant-complainant, in the interregnum period, changed his residence and remained unaware about the status of his complaint. He submits that due to his unawareness, the appellant Magistrate, who dismissed his complaint for want of prosecution vide order dated 15.05.2023, which has been assailed Learned counsel for the appellant submits that it is apparent from the appellant or his counsel before the trial Court because of the facts and circumstances before as the case was consigned to the record room after the accused having been declared as a proclaimed offender. He submits that being a monetary dispute, if the complaint filed by the appellant is not decided on merits, he would suffer an irreparable loss and injury. After hearing learned counsel for the appellant and perusing the merit in the present appeal. It is apparent that after complainant led preliminary evidence and , the learned Magistrate passed the summoning The present appeal has been filed against the order dated Class, Chandigarh, which complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”) was dismissed for want Learned counsel for the appellant submits that the appellant filed a 138 of the Act before the learned JMIC, Chandigarh. He led preliminary evidence and after having satisfied with it, learned JMIC accused, who did not choose as a proclaimed offender vide order dated 06.10.2018. Thereafter, the file was consigned to record room himself , after a accused filed an application for grant of bail, who was granted bail on 16.02.2023 and the complainant for complainant, in the interregnum period, changed his residence and remained unaware about the status of his complaint. He submits that due to his unawareness, the appellant Magistrate, who dismissed his complaint for want of prosecution vide order dated 15.05.2023, which has been assailed Learned counsel for the appellant submits that it is apparent from the appellant or his counsel before the trial Court because of the facts and circumstances before as the case was consigned to the record room after the er. He submits that being a monetary dispute, if the complaint filed by the appellant is not decided on After hearing learned counsel for the appellant and perusing the merit in the present appeal. It is apparent that after complainant led preliminary evidence and , the learned Magistrate passed the summoning VINOD KUMAR 2025.03.28 09:37 I attest to the accuracy and integrity of this document CRM-A-1578 order. However, the respondent and, thus, was and the case was taken up only bail, which was granted and the notice was issued to the appellant However, somehow the appellant revival of his complaint declaring the respondent reason for non complaint once he for summoning the respondent his non-appearance was unintentional and the merits would result into 5. appeal is hereby allowed, ordered JMIC, Chandigarh is set aside the complaint is ordered to be restored to its original number and the learned Magistrate is directed to proceed with the matter from the stage and decide it expeditiously as the matter belongs to the year 2017. directed to produce the copy of this order before the learned trial Court, who would issue notice to the respondent and proceed with the matter as per law. March 25, 2025 vinod* 1578-2023 (O&M) order. However, the respondent-accused did not c was declared as a proclaimed offender vide order dated 06.10.2018 and the case was ordered to be consigned to record room. Thereafter, it only when the respondent-accused bail, which was granted and the notice was issued to the appellant However, somehow the appellant-complainant remained unaware about revival of his complaint as the same was consigned to record room after the respondent-accused as a proclaimed offender. for non-appearance of the appellant complaint once he had already led preliminary evidence and made out a case for summoning the respondent-accused and, thus, come to the con appearance was unintentional and the merits would result into an irreparable loss and injury to him. In view of the aforesaid facts and circumstances, the present appeal is hereby allowed, ordered dated 15.05.2023 passed by the learned JMIC, Chandigarh is set aside the complaint is ordered to be restored to its original number and the learned Magistrate is directed to proceed with the matter from the stage at which the case was dismissed for want of and decide it expeditiously as the matter belongs to the year 2017. directed to produce the copy of this order before the learned trial Court, who would issue notice to the respondent and proceed with the matter as per law. March 25, 2025 Whether Speaking/Reasoned: Whether Reportable: - 3 - accused did not choose to put in appearance declared as a proclaimed offender vide order dated 06.10.2018 consigned to record room. Thereafter, it was accused filed an application for grant of bail, which was granted and the notice was issued to the appellant-complainant. complainant remained unaware about the same was consigned to record room after as a proclaimed offender. I do not find any appellant-complainant for pursuing his led preliminary evidence and made out a case accused and, thus, come to the conclusion that appearance was unintentional and the non-decision of his complaint on irreparable loss and injury to him. In view of the aforesaid facts and circumstances, the present dated 15.05.2023 passed by the learned JMIC, Chandigarh is set aside the complaint is ordered to be restored to its original number and the learned Magistrate is directed to proceed with the the case was dismissed for want of prosecution and decide it expeditiously as the matter belongs to the year 2017. Petitioner is directed to produce the copy of this order before the learned trial Court, who would issue notice to the respondent and proceed with the matter as per law. (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES hoose to put in appearance declared as a proclaimed offender vide order dated 06.10.2018 was filed an application for grant of complainant. the same was consigned to record room after any complainant for pursuing his led preliminary evidence and made out a case clusion that decision of his complaint on In view of the aforesaid facts and circumstances, the present dated 15.05.2023 passed by the learned JMIC, Chandigarh is set aside the complaint is ordered to be restored to its original number and the learned Magistrate is directed to proceed with the prosecution Petitioner is directed to produce the copy of this order before the learned trial Court, who VINOD KUMAR 2025.03.28 09:37 I attest to the accuracy and integrity of this document