Delhi High Court - Orders
Naresh Chand Jain vs State Of Nct Of Delhi At New Delhi & Anr on 26 September, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 73/2021
NARESH CHAND JAIN ..... Petitioner
Through: Mr.Abhinash and Mr.Gaurav Kr.
Pandey, Advocates.
versus
STATE OF NCT OF DELHI AT NEW DELHI
& ANR. ..... Respondents
Through: Mr. D.S. Dagar, APP for State
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 26.09.2022 CRL.L.P. 73/2021 Petition has been preferred on behalf of the petitioner under Section 378(2) Cr.P.C. for setting aside order/judgment dated 25.02.2021 passed by the learned Trial Court.
None appears on behalf of respondent No.2 despite service. Learned counsel for the petitioner contends that vide order dated 08.03.2021 passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No(s).3/2020, the period for purpose of computing limitation has been clarified as under:
"2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions:
1. xxxxxx
2. xxxxxx Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:26.09.2022 19:04:46
3. The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings."
It is further submitted that the aforesaid order could not be considered by the learned Trial Court while passing impugned order dated 25.02.2021, since the orders had been issued subsequently by the Hon'ble Supreme Court.
Considering the facts and circumstances, leave to appeal is granted. Petition be registered as Criminal Appeal.
CRL.A. ------/2022 (to be numbered) Learned counsel for the appellant submits that notice need not be issued afresh to the respondent and the appeal be considered on merits since the impugned order was passed at the stage of cognizance by the learned Trial Court and respondent No.2/accused is yet to be summoned.
List the appeal for hearing on 27.09.2022.
ANOOP KUMAR MENDIRATTA, J.
SEPTEMBER 26, 2022/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:26.09.2022 19:04:46