Sh Premanand Prusty vs Smt Sita Devi on 4 May, 2023

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Delhi High Court - Orders

Sh Premanand Prusty vs Smt Sita Devi on 4 May, 2023

Bench: Swarana Kanta Sharma

                          $~45
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 1566/2023
                                 SH PREMANAND PRUSTY                                     ..... Petitioner
                                                    Through:       Mr. Anil Kumar, Advocate

                                                    versus

                                 SMT SITA DEVI                                        ..... Respondent
                                                    Through:

                                 CORAM:
                                 HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                               ORDER

% 04.05.2023 CRL.M.A. 12000/2023 (for correction of order dt. 06.03.2023)

1. By way of present application, correction has been sought in order dated 06.03.2023 on the ground that though on the last date of hearing, the matter was heard and notice was directed to be issued to the respondents, inadvertently it could not be mentioned in the order.

2. This Court has gone through the order dated 06.03.2023, the correction has sought for, is allowed. The order be now read as under:

"1. By way of instant petition under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India, the petitioner has prayed:

"(i) Kindly summon the original file of CC NI Act No. 4763 of 2022 titled as Smt. Sita Devi Vs. Premananda Prusty pending in the court of Ms. Naina Gupta, MM-01 (N.I Act)/Digital Court, Central, Tis Hazari Court, Delhi and thereafter kindly set aside Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:06.05.2023 17:51:20 and quashed the summoning orders dated 3.8.2022 as passed in the above mentioned case as well as the notice as framed against the petitioner under Section 138 of the N.I. Act, 1881 on 6.12.2022 in the above mentioned case being illegal and void ab initio.

(ii) Kindly quash the proceedings as initiated against the petitioner under Section 138 of the N.I. Act, 1881 in CC NI Act No. 4763 of 2022 titled as Smt. Sita Devi Vs. Premananda Prusty pending in the court of Ms. Naina Gupta, MM-01 (NI Act)/Digital Court, Central, Tis Hazari Court, Delhi being illegal and void ab initio.

(iii) The cost of the present petition may also be awarded in favour of the petitioner and against the respondent."

2. Issue notice to the respondents through all permissible modes including electronically on filing Process Fee within fifteen days, returnable on 22.08.2022 i.e. date already fixed.

3. Trial Court Record in digitized form be summoned for next date of hearing.

CRL.M.C. 1566/2023

3. List on date already fixed i.e. 22.08.2023.

4. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J MAY 4, 2023/ns Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:06.05.2023 17:51:20

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Delhi High Court - Orders