Delhi District Court
Standard Chartered Bank vs The State &Anr on 10 January, 2014
IN THE COURT OF SHRI NEERAJ KUMAR GUPTA,
DISTRICT & SESSIONS JUDGE : SOUTH WEST
DISTRICT DWARKA COURTS : NEW DELHI.
CR No. 42/13
Unique I.D.No.02405R0308442013
Standard Chartered Bank
Through its Attorney/authorised
representative Revisionist
Versus
The State &Anr.
(Govt. of NCT of Delhi) Respondent
Date of Institution : 19.10.2013
Date of Arguments : 10.01.2014
Date of Order : 10.01.2014
ORDER
1. The present revision petition has been preferred against the order dated 05.08.2013 whereby the complaint was dismissed for non prosecution u/s 256 CrPC after observing that on the conduct, it appears that complainant is no longer interested in pursuing the present complaint and as such it was dismissed for non prosecution. The foremost question is whether it is to be dismissed u/s 256 CrPC.
2. Section 256 CrPC applies only in a case when the case is fixed for appearance of the accused and perusal of the CR No. 42/13 1/2 Standard Chartered Bank Vs State & Anr.
Trial Court record reveals that accused has not been summoned at all and rather case was fixed for pre-summoning evidence. So, section 256 CrPC is not applicable. So far as non prosecution is concerned, Ld. Counsel submits that the cost imposed on date previous to 30.01.2013 has been deposited.
3. In view of the law laid down in case Tom Thomas Vs Abdul Lathief & Anr. 2007, Crl.L.J. 1173, the dismissal will be a dismissal u/s 204(4) CrPC. The reason given for non appearance on the particular date that instead of 05.08.2013 , the date was noted as 22.08.2013. Since, there is a sufficient ground for non appearance and non appearance was not willful, the impugned order of Ld. Trial Court is set aside. The complaint u/s 138 N.I. Act is restored to its original number subject to deposit of cost of Rs. 5000/- with DLSA. Petitioner is directed to appear before the Ld. Trial Court on 20.01.2014.
Trial Court Record be sent back alongwith copy of order and revision file be consigned to the record room.
Announced in open court on 10th January, 2014.
(Neeraj Kumar Gupta) District & Sessions Judge:
South West District Dwarka Courts/New Delhi.CR No. 42/13 2/2
Standard Chartered Bank Vs State & Anr.CR No. 42/13
Standard Chartered Bank Vs The State &Anr.
10.01.2014 Present: Sh. Devender Kumar, Ld. PP on behalf of State.
Ms. Chander Parbha Ld. Counsel for petitioner. Vide separate order of even date, announced in the open court, the impugned order of Ld. Trial Court is set aside. The complaint u/s 138 N.I. Act is restored to its original number subject to deposit of cost of Rs. 5000/- with DLSA. Petitioner is directed to appear before the Ld. Trial Court on 20.01.2014.
Trial Court Record be sent back alongwith copy of order and revision file be consigned to the record room.
(Neeraj Kumar Gupta) District & Sessions Judge:
South West District Dwarka Courts/New Delhi.CR No. 42/13 3/2
Standard Chartered Bank Vs State & Anr.