Delhi High Court - Orders
M.N. Exports vs Everfast Freight Forwarders Pvt. Ltd. ... on 16 October, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7601/2023
M.N. EXPORTS
..... Petitioner
Through: Mr. Advocate (appearance not
given).
versus
EVERFAST FREIGHT FORWARDERS PVT. LTD. AND ANR.
..... Respondents
Through: Mr. Raghuinder Verma, APP for the
State.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 16.10.2023 CRL.M.A. 28296/2023
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 7601/2023 AND CRL.M.A. 28295/2023
3. The present petition has been filed under Section 482 Cr.P.C. by the petitioner with the following prayers:-
"i) quash the Order dated 28.9.2022 (Annexure-P1) and the Order dated 17.8.2023 (Annexure-P2) in Ct Case No. 2442/2017 passed by the Hon'ble Court of Civil Judge- 01, Patiala House Courts, New Delhi,
ii) allow the application (Annexure-P6) filed by the petitioner, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 21:12:15
iii) direct the Hon'ble Court of Civil Judge-01, Patiala House Courts, New Delhi to grant sufficient and effective opportunity to the petitioner and the other defence witness to adduce defence evidence in Ct Case No.2442/2017, which is pending before the said trial Court,
iv) direct the Hon'ble Court of Civil Judge-01, Patiala House Courts, New Delhi to accept the proof affidavits of the defence witnesses in lieu of their examination chief as done in taking evidence of the complainant, and
v) pass such other appropriate reliefs that this Hon'ble Court may deem fit and proper so as to secure the ends of justice."
4. It is submitted by learned counsel for the petitioner that no opportunity has been granted to the petitioner to lead his defence evidence. It is further submitted that petitioner is a native of Kerala and he only knows Malayalam. It is further submitted that the petitioner had moved an application under Section 315 Cr.P.C. in order to examine himself as a defence witness along with one more witness and these witnesses are to be examined in Malayalam only. It is further submitted that on 17.08.2023, the petitioner and his witness could not appear as the counsel was not well, however, the counsel along with the petitioner had joined the proceedings before learned Trial Court through video conferencing. It is further submitted that it was only on this date, the petitioner had requested for an adjournment but learned Trial Court did not accept the request and the opportunity to lead the defence evidence was closed. It is further submitted that petitioner has a good case, therefore, a fair opportunity be granted to him to lead defence evidence.
5. Issue notice. Learned APP appears on advance notice and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 21:12:15 accept notice on behalf of State/respondent no. 2.
6. Learned APP submits that the State is only a pro forma party.
7. Issue notice to respondent no. 1 on steps being taken by the petitioner by all possible modes, returnable on 25th January 2024.
8. Till the next date of hearing, Trial Court proceedings shall remain stayed.
RAJNISH BHATNAGAR, J OCTOBER 16, 2023 p This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 21:12:16