Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Naresh Chand Jain vs State Of Nct Of Delhi At New Delhi & Anr on 27 January, 2023

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~1
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.M.A.26865/2022, CRL.M.A.26866/2022 in CRL. APPEAL
                                NO.491/2022

                                NARESH CHAND JAIN                               ..... Appellant
                                            Through:           Mr.Lalit Kumar, Advocates.

                                                    versus

                                STATE OF NCT OF DELHI AT NEW DELHI & ANR.
                                                                        ..... Respondents
                                              Through: Mr.D.S. Dagar, APP for State.

                               CORAM:
                               HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                                ORDER

                          %                     27.01.2023
                          CRL. M.A.26866/2022

Exemption allowed, subject to all just exceptions. Application is accordingly disposed of.

1. Crl. Appeal No.491/2022-Naresh Chand Jain Vs. State of NCT of Delhi at New Delhi & Another was disposed of vide judgment dated 19.10.2022, which was preferred on behalf of the appellant Naresh Chand Jain for setting aside order dated 25.02.2021 passed by the learned MM, Central District, Tis Hazari Courts, Delhi in Naresh Chand Jain Vs. M/s Zasfa Packaging whereby the cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 was declined by learned MM and complaint was held not to be maintainable.

2. The observations in para 13 and 14 vide judgment dated 19.10.2022 in Naresh Chand Jain (supra) may be beneficially reproduced:-

"13. In view of above, the order passed by the learned Trial Court declining to take cognizance in the proceedings initiated before Trial Court under Section 138 of the Negotiable Instruments Act appears to be erroneous, on taking into consideration the order dated 08.03.2021 passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No(s).3/2020.

14. The present appeal is accordingly allowed and the order passed by the learned Trial Court, refusing to take cognizance is set aside. Learned Trial Court is further directed to compute the period of limitation after excluding the period as per cheque return memo dated 17.03.2020 till 20.10.2020 and to proceed in accordance with law."

3. The Crl. M.A.26865/2022 has been preferred on behalf of the applicant Narender Kumar @ Billu under Section 482 Cr.P.C. read with Article 226 of the Constitution of India with the following prayers:-

"a. this petition be allowed;

b. revise the impugned judgment dated 19.10.2022 passed by HON'BLE HIGH COURT OF DELHI in criminal appeal C.A. No.491/2022 titled, "NARESH CHAND JAIN VS STATE OF NCT OF DELHI AT NEW DELHI & ANR." regarding applying of the extention of limitation as granted by HON'BLE SUPREME COURT OF INDIA for condoning the delay of periods mentioned under proviso (b) and (c) under sec.138 of the NEGOTIABLE INSTRUMENTS ACT, in the light of the questions of law raised in the present review petition;

c. Order setting aside of the impugned judgment dated 19.10.2022 passed by HON'BLE HIGH COURT OF DELHI in criminal appeal C.A. No. 491/2022 titled, "NARESH CHAND JAIN VS STATE OF NCT OF DELHI AT NEW DELHI & ANR." to the extent of the opinion of Hon'ble Court in answer to the questions of law raised in the present review petition;

d. Any other or further order(s), which this Hon'ble Court may deems fit and proper under the facts and circumstances of the case, may also be passed in favour of the APPELLANT, in the interest of justice."

4. Learned Counsel for the applicant submits that the applicant preferred a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India which is pending before the Coordinate Bench for setting aside/quashing an order dated 27.09.2021 passed by Ms.Neha Saini, Signature Not Verified Digitally Signed Crl. Appeal No.491/2022 Page 2 of 3 By:DINESH CHANDRA Signing Date:27.01.2023 17:32:34 Learned MM (NI Act), Digital Court-07, South-West Dwarka Courts, New Delhi in Complainant Case No.CC NI Act11848/2021 regarding the disposing of the limitation application.

The grievance of the applicant is that during the pendency of the aforesaid petition of the applicant, the judgment dated 19.10.2022 has been passed by this Court which has pre-judged the issues which the applicant proposes to raise in the proceedings preferred by him and as such he seeks the review of judgment dated 19.10.2022 passed in Crl. Appeal No.491/2022 by this Court.

5. Admittedly, the applicant is not a party to Crl. Appeal No.491/2022 which was disposed of vide judgment dated 19.10.2022 based upon the facts and circumstances involved in the said case. The applicant has absolutely failed to show his locus standi to challenge the aforesaid proceedings or seek review of the same. The applicant cannot be permitted to be impleaded merely on the ground that he is dissatisfied with the ratio of aforesaid case as it impacts the grounds taken by him in the proceedings preferred by him under Section 138 of the Negotiable Instruments Act. The same appears to be gross abuse of process of law.

6. At this stage, learned Counsel for the applicant seeks to withdraw the aforesaid application.

The application is accordingly dismissed as withdrawn. Pending application, if any, also stands disposed of.

ANOOP KUMAR MENDIRATTA, J JANUARY 27, 2023/sd Signature Not Verified Digitally Signed Crl. Appeal No.491/2022 Page 3 of 3 By:DINESH CHANDRA Signing Date:27.01.2023 17:32:34