Spicejet Ltd vs Mr Vivek Kumar on 1 December, 2023

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Delhi High Court - Orders

Spicejet Ltd vs Mr Vivek Kumar on 1 December, 2023

Bench: Swarana Kanta Sharma

                                    $~31
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.L.P. 595/2023
                                                SPICEJET LTD.                                                                   ..... Petitioner
                                                                                      Through:                 Mr. Amit Punj, Advocate.
                                                         versus
                                                MR VIVEK KUMAR                    ..... Respondent
                                                                Through:
                                                CORAM:
                                                HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                         ORDER

% 01.12.2023 CRL.M.A. 32780/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.A. 32779/2023 (delay of 87 days in filing)

3. The present application under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) read with Section 5 of the Limitation Act, 1963 has been filed seeking condonation of delay of 87 days in filing the appeal on the ground that the impugned order was passed on 04.05.2023.

4. The petitioner could have filed the present petition within 60 days. However, after he had applied for issuance of certified copy of the impugned judgment, the same could be provided only on 10.07.2023.

5. Considering the overall facts and circumstances of the case, the application is allowed.

6. Delay of 87 days in filing the appeal is condoned.

7. The application stands disposed of.

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 05/12/2023 at 22:57:22 CRL.M.A. 32781/2023 (delay of 4 days in refiling)

8. For the reasons stated in the application, the same is allowed.

9. Delay of 4 days in re-filing the appeal is condoned.

10. The application stands disposed of.

CRL.L.P. 595/2023

11. The present petition under Section 378(4) read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed seeking the following prayers:-

"(i) Grant leave to the Appellant to file the Appeal against the judgment/order passed by the court of Sh. Pankaj Rai, Ld. MM--05, NI Act, Rouse Avenue Courts, passed in CC No. 16631/18, against order of acquittal dated 04.05.2023 titled as Spicejet Limited Vs. Vivek Kumar.

(ii) Allow the present Appeal by setting aside the order/judgment passed by the court of Sh. Pankaj Rai, Ld. MM--05, NI Act, Rouse Avenue Courts, passed in CC No. 16631/18, against order of acquittal dated 04.05.2023 titled as Spicejet Limited Vs. Vivek Kumar with costs throughout in favour of the Appellant and against the Respondent/Accused."

12. Issue notice to the respondent through all permissible modes including electronically on filing of process fee within a period of four weeks, returnable on 09.04.2024.

13. Trial Court record in digitized form be called for seven days prior to the next date of hearing.

14. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J DECEMBER 1, 2023/kd Click here to check corrigendum, if any 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 05/12/2023 at 22:57:22

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Delhi High Court - Orders