2025:UHC:276 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.19 of 2025 Hon’ble Pankaj Purohit, J. Mr. Tapan Singh, Advocate for the applicant. 2. This criminal misc. application filed U/s 528 of B.N.S.S. 2023 has been filed for quashing the order dated 26.10.2024 passed by learned IInd Additional Civil Judge/Judicial Magistrate, Roorkee in Complaint Case No.1627 of 2021, ISM Motors Pvt. Ltd Vs. Sarvesh Kumar, U/s 138 of the NI Act. 3. From perusal of the record, it is clear that the applicant filed a complaint U/s 138 N.I. Act, 1881, against the respondent, which was registered as Complaint Case No.1627 of 2021; the cognizance order was passed and thereafter, summons and warrants were issued to the respondent but the respondent did not appear; when the complainant was absent, the learned Court while invoking the power U/s 256 Cr.P.C. dismissed the complaint vide impugned order dated 26.10.2024. 4. From the record, it is clear that although the learned trial court issued bailable warrants against the respondent on 03.06.2024; in fact, no such process was issued by the concerned official in compliance of the order of the Court; but on the other hand the complaint was dismissed for default of the applicant/complainant. It is argued by the learned counsel for the applicant that since filing of the complaint, the applicant or his Advocate appeared throughout but on the fateful day on 26.10.2024, both failed to appear on 26.10.2024 as neither he nor his Advocate was aware of the date and the case was dismissed for default. The applicant is before this Court. 5. I have heard the learned counsel for the applicant and 2025:UHC:276 perused the C528 application and order sheet. I found substance in the submission made by learned counsel for the applicant that he failed to appear on the date fixed as he had no knowledge of the date fixed and his Advocate was also not present. 6. Accordingly, the present criminal misc. application filed U/s 528 of B.N.S.S. 2023 is allowed and the order dated 26.10.2024, passed by learned IInd Additional Civil Judge/Judicial Magistrate, Roorkee in Complaint Case No.1627 of 2021, ISM Motors Pvt. Ltd Vs. Sarvesh Kumar, is hereby quashed with the direction to the learned trial court to issue process as per order dated 03.06.2024 for ensuring the presence of the respondent. The applicant will put his appearance before the concerned Court on 15.02.2025. 6. Registry is directed to send a copy of this order to the concerned court through the concerned Sessions Judge for strict compliance. 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 08.01.2025 SK