DEEPAK GUPTA, J.

Petitioner is aggrieved by the order dated 24.07.2019 (Annexure P.1) passed by learned Judicial Magistrate Ist Class, Chandigarh recalling the earlier order dated 24.01.2018, in Criminal Complaint No.1843 of 2015, M/s Intex Technologies (India) Ltd Vs. Hardeep Singh Sandhu.

2. It is contended by learned counsel for the petitioner that complaint was dismissed in default for want of prosecution vide order dated 24.01.2018 in the presence of the accused- petitioner and his counsel and therefore, the dismissal of the complaint in default for want of prosecution amounted to acquittal of the accused. However, learned Court on an application moved by the complainant- respondent, restored the complaint vide impugned order dated 24.07.2019. Learned counsel contends that it is impermissible under law.

3. Learned counsel has referred to Hardev Singh Vs. Savi Enterprises, decided by a co-ordinate Bench of this Court on 05.09.2022 in CRM-M-5287 of 2021; and Atul Sood Vs. Jalandhar Transport Cooperative Society Pvt. Ltd and another in CRM-M-6678 of 2015 decided on 07.12.2017.

4. Despite service, nobody made appearance on behalf of the respondent- complainant to contest the petition.