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Delhi District Court

Bon Mart International Limited vs . Manmoy Designs C.R. No. 145A/13 on 28 October, 2013

                                            1
         Bon Mart International Limited Vs. Manmoy Designs C.R. No. 145A/13

    IN THE COURT OF MS. RAJ RANI MITTRA: ASJ - 03 : SOUTH - EAST, 
                        SAKET COURTS, NEW DELHI


                                                Criminal Revision No. 145A/13 

BON MART INTERNATIONAL LIMITED,
C­66, Friends Colony (East),
New Delhi­110066
                                                     ..... Revisionist


                                    V  E R S U S


MANMOY DESIGNS 
Through its Director
B­59, Sector­5,
Noida­201301
Uttar Pradesh
                                                            ..... Respondent



           DATE OF INSTITUTION: 06.07.2013
           DATE OF RESERVING THE ORDER: 28.10.2013
           DATE OF ORDER: 28.10.2013


                                        O R D E R

The present revision petition has been filed by the revisionist U/s 397/399/400 Cr. P.C. against the order dated 18.03.2013, passed by Ld. Sr. 2 Bon Mart International Limited Vs. Manmoy Designs C.R. No. 145A/13 Civil Judge Cum Rent Controller, SE District, Saket Courts, New Delhi, whereby dismissing the complaint no. 6415/1/09 U/s 138 Negotiable Instruments Act of the complainant / petitioner due to non appearance of the complainant.

2 Notice of the petition was given to the respondent and Trial Court record was summoned.

3 It is submitted by Ld. Counsel for the revisionist that the complaint was pending since 2009 and as per the record, the last date of hearing was 18.03.2013, the case was being looked by some other counsel and the same could not be followed up properly. That the petitioner had fully reposed his faith on his Advocate and was under impression that his advocate would do all acts and things on his behalf. Therefore, due to aforesaid reason the petitioner did not appear before the Court on 18.03.2013. that now the petitioner has appointed a new counsel and he made search about the status of the case and came to know about the order. That the petitioner was not aware of the date and thus this lapse had occurred on his behalf. It is prayed that the order dated 18.03.2013 be set aside. Hence the present revision petition. 4 I have heard arguments and carefully perused the Trial Court record placed before me.

5 Trial Court record reveals that repeated opportunities were given 3 Bon Mart International Limited Vs. Manmoy Designs C.R. No. 145A/13 to the revisionist but he did not take steps to serve the respondent. Ld. Counsel for the revisionist has explained the reason for non­appearance on 18.03.2013. Complainant should not suffer for negligence of Counsel and in the case in hand, Ld. Counsel for the revisionist has explained the reason for non­appearance of revisionist.

6 In the interest of justice, the order dated 18.03.2013 is set aside and complaint bearing C.C. No. 6415/1/09 is restored to its original number. However, only one opportunity is being granted to the revisionist to take appropriate steps to get the respondent served. Revision petition is accordingly allowed.

7 Revisionist is directed to appear before the Ld. Trial Court on 12.11.2013.

8 Trial Court record be sent back alongwith a copy of the order. File be consigned to record room after due compliance. Announced in the open Court th on 28 day of October, 2013 (RAJ RANI MITTRA) Addl. Sessions Judge­03/SE Saket Courts, New Delhi.