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$-14 HIGH COURT OF DELHI
CRL.L.P. 363/2014
HT MEDIA LTD
Petitioner
Through Mr. Madhur Dhingra, Advocate
CRL.L.P. 363/2014
HT MEDIA LTD
Petitioner
Through Mr. Madhur Dhingra, Advocate
VERSUS
R.K.INSTITUTE™ Respondents
Through Mr. V.K. Singh and Mr. G.P. Singh, Advocates
Through Mr. V.K. Singh and Mr. G.P. Singh, Advocates
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRID0L
01.10.2015 Mr. V.K, Singh, learned counsel appearing on behalfofthe respondents does not oppose the present leave petition.
In viewofthe aforesaid, the presentcriminal leavepetition is allowed.
The matteris directed to beregistered as acriminal appeal.
.Crl. Appeal No./i>^^/2nis ftp be niimh^r^rt)
After hearing learned coimsel appearing on behalf of the parties, the present appeal is being disposed ofby way ofthis order.
Learned counsel appearing on behalfofthe appellant admits that due to oversight, the appellant remained unrepresented before the concerned
Metropolitan Magistrate when their complaim under Section 138 of the
Negotiable Instmments Act, 1881 was taken up for hearing and dismissed for non-prosecution.
Learned counsel appearing on behalfofthe appellant states that the non- appearance ofthe appellant on 5' March, 2014 when the impugned order was rendered, was neither intentional nor deliberate.
2015:DHC:11974 t Learned counsel appearing on behalf of the respondents fairly does not refute this submission.
In the present appeal, it is observed that the complaint filed on behalf of the appellant had not been heard or adjudicated on merits. Therefore, in my view, an opportunity must be granted to the appellant herein to prosecute its complaint before the concerned Metropolitan Magistrate.
Consequently, the impugned order dated 5^ March, 2014 is set aside.
The complaint case no. 76/2013 titled H.T. Media Limited v^'. M/s R.K.
Institute andAnr., under Section 138 of the Negotiable Instruments Act, 1881
(Amended) read with Section 420 IPC, is restored to its original number and remanded back to the concerned Metropolitan Magistrate, New Delhi District, New Delhi, subject to payment of Rs. 2,000/- in the aggregate to the respondents herein within aperiod oftwo weeks from today.
List the matter before the concerned Magistrate on 19''^ October, 2015 for hearing the complaint in accordance with law.
Copy of this order be sent to the concerned IV^gistrate for necessary compliance. j]
^d-—^
OCTOBER01,2015 SIDDIJ^RTHMRIDUL,J sd 2015:DHC:11974
01.10.2015 Mr. V.K, Singh, learned counsel appearing on behalfofthe respondents does not oppose the present leave petition.
In viewofthe aforesaid, the presentcriminal leavepetition is allowed.
The matteris directed to beregistered as acriminal appeal.
.Crl. Appeal No./i>^^/2nis ftp be niimh^r^rt)
After hearing learned coimsel appearing on behalf of the parties, the present appeal is being disposed ofby way ofthis order.
Learned counsel appearing on behalfofthe appellant admits that due to oversight, the appellant remained unrepresented before the concerned
Metropolitan Magistrate when their complaim under Section 138 of the
Negotiable Instmments Act, 1881 was taken up for hearing and dismissed for non-prosecution.
Learned counsel appearing on behalfofthe appellant states that the non- appearance ofthe appellant on 5' March, 2014 when the impugned order was rendered, was neither intentional nor deliberate.
2015:DHC:11974 t Learned counsel appearing on behalf of the respondents fairly does not refute this submission.
In the present appeal, it is observed that the complaint filed on behalf of the appellant had not been heard or adjudicated on merits. Therefore, in my view, an opportunity must be granted to the appellant herein to prosecute its complaint before the concerned Metropolitan Magistrate.
Consequently, the impugned order dated 5^ March, 2014 is set aside.
The complaint case no. 76/2013 titled H.T. Media Limited v^'. M/s R.K.
Institute andAnr., under Section 138 of the Negotiable Instruments Act, 1881
(Amended) read with Section 420 IPC, is restored to its original number and remanded back to the concerned Metropolitan Magistrate, New Delhi District, New Delhi, subject to payment of Rs. 2,000/- in the aggregate to the respondents herein within aperiod oftwo weeks from today.
List the matter before the concerned Magistrate on 19''^ October, 2015 for hearing the complaint in accordance with law.
Copy of this order be sent to the concerned IV^gistrate for necessary compliance. j]
^d-—^
OCTOBER01,2015 SIDDIJ^RTHMRIDUL,J sd 2015:DHC:11974
JUDGMENT