Delhi High Court - Orders
M/S Mrb Promoters Pvt Ltd & Anr vs Splendor Landbase Ltd on 11 February, 2019
Author: Mukta Gupta
Bench: Mukta Gupta
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 433/2019
M/S MRB PROMOTERS PVT LTD & ANR ..... Petitioner
Represented by: Mr. Jasmeet Singh and Mr. Saurabh
Tiwari, Advocates.
versus
SPLENDOR LANDBASE LTD ..... Respondent
Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 11.02.2019 Crl.M.A. No. 3077/2019 (Exemption) Allowed, subject to all just exceptions.
W.P.(CRL) 433/2019 and Crl.M.A. No. 3076/2019 Challenging the impugned order dated 10th January, 2019 learned counsel for the petitioner contends that Section 143 Negotiable Instruments Act in short 'NI' Act provides that the trial relating to offence punishable under Section 138 read with Section 142 of the NI Act has to be tried summarily and as per the second proviso to Section 143 (1) NI Act a witness who has been examined can only be recalled if the Magistrate is of the opinion that the trial cannot proceed summarily and the accused is required to be punished with sentence for more than one year. He further points out that in term of Section 143 (1) NI Act the trial has to proceed in accordance W.P.(CRL) 433/2019 page 1 of 2 with the provisions of Sections 262 to 265 of the Cr.P.C. under Chapter IX where again there is no procedure to recall the witnesses who have already been examined.
Issue notice to the respondent on the petitioners taking steps through ordinary and dasti process, registered AD and speed post, returnable on 2 nd April, 2019.
At this stage this Court is not inclined to grant stay of the order dated 10th January, 2019, however, if the petition is decided in favour of the petitioners then the evidence of the witnesses so recorded will have to be taken off the record by the learned Trial Court.
MUKTA GUPTA, J.
FEBRUARY 11, 2019 'yo' W.P.(CRL) 433/2019 page 2 of 2