Delhi High Court - Orders
M/S Elgin Electronics Pvt. Ltd vs The State Of Nct Of Delhi And Ors on 26 August, 2021
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
(VIA VIDEO CONFERENCING)
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1584/2021
M/S ELGIN ELECTRONICS PVT. LTD. ..... Petitioner
Through: Mr. Puneet Goel, Advocate.
versus
THE STATE OF NCT OF DELHI AND ORS ..... Respondents
Through: Dr. M.P.Singh, APP for the State.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 26.08.2021 Crl.M.A. 11054/2021 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 1584/20211. This is a petition filed by the petitioner under Section 482 Cr.P.C. read with Article 227 of the Constitution of India seeking setting aside of the order dated 03.03.2021 passed by learned Metropolitan Magistrate-02 (East), Karkardooma Courts, Delhi.
2. In brief, the facts of the case as per the petitioner are that; petitioner has filed criminal complaint under Section 138 of the NI Act read with Section 141 of the NI Act, against respondent nos. 2 to 4 with regard to dishonour of cheque bearing no. 437035 dated 01.07.2019 for a sum of Rs.5,00,000/- and cheque bearing no. 437036 dated 05.07.2019 for a sum of Rs.5,00,000/-. Learned Metropolitan Magistrate vide order dated Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:27.08.2021 21:50 (VIA VIDEO CONFERENCING) 09.09.2019 issued summons to respondent nos. 2 to 4 as accused for offence under Section 138 of the NI Act. Thereafter, on 02.11.2019, respondent no. 3 was granted bail by learned Metropolitan Magistrate on furnishing of personal bond in the sum of Rs.25,000/-. It is further the case of the petitioner that on 27.08.2020, counsel for the petitioner appeared but neither respondent nos. 2 to 4 nor their counsel appeared and the matter was re- notified for 26.09.2020. On 26.09.2020, again none appeared for respondent nos. 2 to 4 and as a result the matter was re-notified for 27.11.2020. On 27.11.2020, again none appeared for respondent nos. 2 to 4 and matter was again re-notified for 05.02.2021. On 05.02.2021, since none was present on behalf of respondent nos. 2 to 4, petitioner informed learned Trial Court that respondent nos. 2 to 4 are also not appearing in the mediation centre. It is the case of the petitioner that learned counsel for the petitioner requested the Trial Court to issue non-bailable warrants against respondent nos. 2 to 4, but the Trial Court on 05.02.2021, only issued court notice to respondent nos. 2 to 4 and re-notified the matter for 03.03.2021. Petitioner is aggrieved by this order dated 03.03.2021 passed by the Trial Court, which reads as under:-
"Summons issued to accused no. 02 & 03 received unserved with the report 'left'.
Ld. Counsel submits that the said accused persons are very well residing at the given addresses.
Accordingly, issue fresh summons to accused no. 02 & 03 and notices to their sureties through all modes on filing of PF/RC to be returnable on 08.06.2021.
Steps be taken within 10 days."
3. A perusal of the order dated 03.03.2021 passed by learned Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:27.08.2021 21:50 (VIA VIDEO CONFERENCING) Metropolitan Magistrate shows that he has issued summons to respondent nos. 2 and 3 and notice to sureties through all modes on filing of PF/RC returnable for 08.06.2021. There is nothing on record to show as to what transpired on 08.06.2021. Even otherwise, in my opinion, this is not a case where this Court is to exercise its powers under Section 482 Cr.P.C. There are enough provisions in the Cr.P.C. for the Magistrate to ensure the presence of the accused persons who have been released on bail for facing trial.
4. No directions are required to be passed to the learned Metropolitan Magistrate in this regard. However, learned Metropolitan Magistrate shall make all endeavour to ensure the presence of the accused persons before his Court and face trial in the complaint case.
5. With the aforesaid observations, the present petition is hereby dismissed.
RAJNISH BHATNAGAR, J AUGUST 26, 2021 AK Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:27.08.2021 21:50