Rajesh Bhardwaj, J. (ORAL)

1. Prayer in the present petition is for quashing the impugned order dated 18.02.2026 passed by learned JMIC, Bathinda, whereby criminal complaint bearing NACT No.1023 of 2024 titled as Dream Electronics Vs. Deep Textile and another, filed under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed for want of appearance of the petitioner-complainant and for want of correct address.

2. It has been vehemently contended by learned counsel for the petitioner that the petitioner is the complainant, who filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respodnents. He submits that the petitioner alongwith his counsel was regularly appearing before the trial Court, however, learned trial Court dismissed the said complaint for non-prosecution and for want of correct address of the respondent-accused. He submits that correct address of the complainant accused has been provided in the complaint which is appended with the present petition as Annexure P-9. He submits that the respondent is regularly appearing in another complaint filed by father of the petitioner and he would serve the respondent in that case in the Court itself. He submits that the petitioner undertakes to not to misuse the concession granted by this Court and would regularly appear before the trial Court in the present complaint. He submits that if the complaint is not restored and decided on merit, then the petitioner would suffer an irreparable loss and injuries.

3. After hearing learned counsel for the petitioner and perusing the record, it is apparent that the petitioner before this Court is the complainant of the complaint, which has been dismissed for non-prosecution and for want of correct address of the respondent-accused vide impugned order dated 18.02.2026. It is further evident from the record that the complaint was not decided on merits. In these circumstances, the Court finds that the complaint should be restored to its original number and be decided on merits. Thus, the impugned order dated 18.02.2026 is set aside and the trial Court is directed to restore the complaint to its original number and proceed with the same in accordance with law, subject to payment of costs of Rs.25,000/-, to be deposited by the petitioner with the Punjab and Haryana High Court Dispensary Welfare Fund, within a period of one week from the date of receipt of copy of this order.

4. However, further perusal of the impugned order reveals that the cost imposed by the learned trial Court has not yet been deposited by the petitioner. Accordingly, the petitioner is directed to deposit the said costs, as imposed by the learned trial Court, within a period of one week from the date of receipt of copy of this order.

5. The petitioner-complainant shall ensure his regular appearance before the learned trial Court and shall not seek unnecessary adjournments. It is further directed that the petitioner shall furnish complete and correct address of the respondent-accused before the learned trial Court, if so required, and shall take all necessary steps for service upon the respondents.

6. It is made clear that in the event of failure on the part of the petitioner to deposit the costs, as directed hereinabove, within the stipulated period, this order would be of no avail to him and the order dated 18.02.2026 will come in force and the present petition shall be deemed to have been dismissed.

7. Present petition stands allowed in above terms.