Delhi High Court - Orders
M/S Rashi Peripherals Pvt. Ltd vs Sachin Narula on 10 May, 2023
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 126/2020
M/S RASHI PERIPHERALS PVT. LTD. ..... Petitioner
Through: Appearance not given.
Versus
SACHIN NARULA ..... Respondent
Through: Mr. Yadavendra Saxena, Adv.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 10.05.2023
1. This petition had been filed seeking leave to appeal against impugned order dated 05th December, 2019 passed by the Court of Ld. MM, Patiala House Courts, New Delhi in Complaint Case No.49951/2016 under Section138 of the NI Act.
2. By the said impugned order, the complaint was dismissed on ground of non-prosecution since the complainant had not been present for the past three dates of hearing.
3. It is evident from the records of the case as also the reply filed by the respondent that the complainant/petitioner did not appear after the recordal of the testimony of the last defence witness DW-3 and matter was fixed for final argument on 25th October, 2019.
4. The learned counsel for the petitioner states that an application under Section 311 Cr.P.C. was filed on that date and then a date of 16th November, 2019 was fixed. However inadvertently, the counsel of the petitioner Signature Not Verified Digitally Signed By:ANISH DAYAL wrongly noted the date as 16th January, 2020 and thereafter they could not appear before the Ld. Trial Court.
5. Be that as it may, considering that the evidence has already been recorded by the Ld. Trial Court, it would be in the interest of justice that parties address final arguments on the basis of evidence already recorded before the Ld. Trial Court.
6. Learned counsel for the petitioner states that they will not press their application under Section 311 Cr.P.C. Accordingly, the said application will not be considered by the Ld. Trial Court.
7. It is made clear that parties will not prefer any further applications and the matter is fixed for final arguments on the basis of the existing evidence which has already been recorded before the Ld. Trial Court.
8. List before the Ld. Principal District and Sessions Judge, Patiala House Courts on 16th May, 2023 at 2:00 pm for directions in order that the matter can be allocated to an appropriate Court for this purpose.
9. Copy of the order be sent to Ld. Principal District and Sessions Judge, Patiala House Courts, for information and compliance.
10. Accordingly, the petition is disposed of with the aforesaid directions.
11. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 10, 2023/MK Signature Not Verified Digitally Signed By:ANISH DAYAL