Indkus Drugs & Pharma (P) Ltd v. Jyoti Remedies (P ) Ltd

-1CRR-3713 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-3713 of 2018 Date of Decision: 21.02.2019 Indkus Drugs & Pharma (P) Ltd.

....Petitioner

Versus

Jyoti Remedies (P) Ltd. and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Karan Kaushal, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Through instant revision challenge has been laid to order dated 16.07.2018 whereby complaint of the petitioner under Section 138 of the Negotiable Instruments Act has been dismissed by the Trial Court under Section 204(4) Cr.P.C. holding that petitioner was not willing to pay the expenses for publication of written proclamation against the respondents.

Learned counsel for the petitioner inter alia contends that mistake on the part of the petitioner is not intentional. One opportunity may be given to the petitioner as he is ready and willing to pay publication charges.

Having heard learned counsel for the petitioner and considering overall facts and circumstances, revision is allowed. Impugned order dated 16.07.2018 of the Trial Court is set aside and RAVINDER SINGH 2019.02.26 09:03 I attest to the accuracy and authenticity of this document the petitioner is granted one opportunity to comply with order dated

-2CRR-3713 of 2018 21.03.2018 of the trial Court, subject to deposit of Rs.2,000/- as costs with the District Legal Services Committee, Panipat. The Trial Court is directed to proceed further with the complaint of the petitioner, in accordance with law, by restoring the same to its original number.

(Ramendra Jain) February 21, 2019 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.02.26 09:03 I attest to the accuracy and authenticity of this document