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v^' $-16 HIGH COURT OF DELHI
CRL.L.P. 365/2014
HT MEDIA LTD Petitioner
Through Mr. Madhur Dhingra, Advocate
CRL.L.P. 365/2014
HT MEDIA LTD Petitioner
Through Mr. Madhur Dhingra, Advocate
VERSUS
R.K.INSTITUTE & 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 of the 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 a criminal appeal.
Crl. Appeal No. I^^,5^015 (to be numbered^ After hearing learned counsel appearing on behalf of the parties, the present appeal is being disposed ofby way ofthis order..
Learned counsel appearing on behalf of the 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 of the 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:11976 ~s.
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 setaside.
The complaint case no. 94/2013 titled H.T. Media Limited vs. M/s R.K.
Institute and Anr., 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 hereinwithina period of two 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 Magistrate for necessary compliance.
SIDD] StARTHMRIDUL, J OCTOBER 01,2015 sd 2015:DHC:11976
01.10.2015 Mr. V.K. Singh, learned counsel appearing on behalf of the 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 a criminal appeal.
Crl. Appeal No. I^^,5^015 (to be numbered^ After hearing learned counsel appearing on behalf of the parties, the present appeal is being disposed ofby way ofthis order..
Learned counsel appearing on behalf of the 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 of the 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:11976 ~s.
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 setaside.
The complaint case no. 94/2013 titled H.T. Media Limited vs. M/s R.K.
Institute and Anr., 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 hereinwithina period of two 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 Magistrate for necessary compliance.
SIDD] StARTHMRIDUL, J OCTOBER 01,2015 sd 2015:DHC:11976
JUDGMENT