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© $-15 HIGH COURT OF DELHI
CPIL.L.P. 364/2014
HTMEDIA LTD Petitioner
Through Mr. Madhur Dhingra, Advocate
CPIL.L.P. 364/2014
HTMEDIA LTD Petitioner
Through Mr. Madhur Dhingra, Advocate
VERSUS
R.K.rNSTITUTE &ANR 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 MRIDUL
01.10.2015 Mr. V.K. Singh, learned counsel appearing on behalf ofthe respondents does not oppose the present leave petition.
In view ofthe aforesaid, the present criminal leave petition is allowed.
The matter is directed to be registered as acriminal appeal.
Crl. Appeal No. /2015 (to be niimhereri)
After hearing learned counsel appearing on behalf of the parties, the present appeal is being disposed ofbyway ofthis order.
Learned counsel appearing on behalf ofthe appellant admits that due to oversight, the appellant remained unrepresented before the concerned
Metropolitan Magistrate when their complaint under Section 138 of the
Negotiable Instruments Act, 1881 was taken up for hearing and dismissed for non-prosecution.
Learned counsel appearing on behalf ofthe appellant states that the non- appearance of the appellant on 5'^ March, 2014 when the impugned order was rendered, was neither intentional nor deliberate.
2015:DHC:11975 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 behalfof 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. 21/2013 titled H.T Media Limited vs. M/s R.K.
Institute andAnr., under Section 138 of the Negotiable Instruments Act, 1881
(Amended) read with Section 420 IPG, 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 thecomplaint inaccordance with law.
Copy of this order be sent to the concerned Magistrate for necessary compliance. /
^,^^4 SIDDH iTH MRIDUL,J OCTOBER 01, 2015 sd 2015:DHC:11975
01.10.2015 Mr. V.K. Singh, learned counsel appearing on behalf ofthe respondents does not oppose the present leave petition.
In view ofthe aforesaid, the present criminal leave petition is allowed.
The matter is directed to be registered as acriminal appeal.
Crl. Appeal No. /2015 (to be niimhereri)
After hearing learned counsel appearing on behalf of the parties, the present appeal is being disposed ofbyway ofthis order.
Learned counsel appearing on behalf ofthe appellant admits that due to oversight, the appellant remained unrepresented before the concerned
Metropolitan Magistrate when their complaint under Section 138 of the
Negotiable Instruments Act, 1881 was taken up for hearing and dismissed for non-prosecution.
Learned counsel appearing on behalf ofthe appellant states that the non- appearance of the appellant on 5'^ March, 2014 when the impugned order was rendered, was neither intentional nor deliberate.
2015:DHC:11975 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 behalfof 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. 21/2013 titled H.T Media Limited vs. M/s R.K.
Institute andAnr., under Section 138 of the Negotiable Instruments Act, 1881
(Amended) read with Section 420 IPG, 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 thecomplaint inaccordance with law.
Copy of this order be sent to the concerned Magistrate for necessary compliance. /
^,^^4 SIDDH iTH MRIDUL,J OCTOBER 01, 2015 sd 2015:DHC:11975
JUDGMENT