2026:HHC:1755 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. : 16 of 2026 Decided on : 07.01.2026 Vikrant Sharma …Petitioner. Versus Suresh Kumar …Respondent. The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Mukul Sood, Advocate. For the respondent : None. Virender Singh, Judge (Oral) By way of present petition, filed under Section 528 of BNSS, the petitioner has challenged the order dated 25.09.2024, passed by the Court of learned Additional Chief Judicial Magistrate Sarkaghat, District Mandi, H.P. (Camp at Dharampur) (hereinafter referred to as ‘the trial Court’), in Complaint No. 83/2024, titled as ‘Vikrant Sharma Versus Suresh Kumar’. 2. Vide order dated 25.09.2024, the learned trial Court has dismissed the complaint filed by the petitioner, under Section 138 of Negotiable Instruments Act, on account of his default, on that day. 3. Perusal of the certified copy of the orders passed by the learned trial Court, demonstrates that the complaint was 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:1755 firstly taken by the learned trial Court on 23.08.2024. On that day, matter has been adjourned for 25.09.2024, for consideration. On 25.09.2024, on account of non-appearance of the complainant, his complaint was ordered to be dismissed, for want of prosecution. 4. It has been pleaded by the petitioner that on 25.09.2024, neither, he nor his counsel put appearance, as his counsel has not informed him about the next date. 5. Considering the stage of the complaint, as well as, considering the fact that the matter should be decided on merits and not on the technicalities, the present petition is allowed and the order dated 25.09.2024, passed by the learned trial Court, is ordered to be set aside. 6. Petition is accordingly allowed, order dated 25.09.2024, passed by the learned trial Court is set aside and complaint bearing No. 83/2024, titled as ‘Vikrant Sharma Vs Suresh Kumar’, is ordered to be restored to its original number. 7. The petitioner, through his Counsel, is directed to appear before the learned trial Court on 25.02.2026. 8. Petition is accordingly disposed of. (Virender Singh) Judge 07th January, 2026 (Pramod Kumar)