Full Text
Date of Decision: 20th August, 2014
RAMESH CHAND @ RAMESH KUMAR ..... Petitioner
Through: Mr. R.P. Luthra, Advocate.
Through: Mr. Navin Sharma, APP for the State.
Mr. Sudhir Nagar, Advocate for R-2.
JUDGMENT
1. This is a petition filed under Section 482 of Code of Criminal Procedure, 1973 seeking setting aside of order dated 05.04.2014 passed by learned Metropolitan Magistrate (North East), Karkardooma, Delhi whereby the opportunity to file an application under Section 145(2) of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’) was closed.
2. Briefly stated, the facts of the present case are that the respondent No.2 filed a complaint under Section 138 of NI Act bearing CC No.160/2013 titled ‘Varsha Ritu vs. Ramesh Chand’. The cognizance was taken and the petitioner was summoned by learned Metropolitan Magistrate (North East), Karkardooma, Delhi vide order 2014:DHC:3995 dated 10.7.2013. Notice under Section 251 of Code of Criminal Procedure was framed by the trial Court vide order dated 23.09.2013 and the case was adjourned for filing of application under Section 145 of NI Act.
3. On 09.01.2014 the case was adjourned to 5.4.2014 on the request of the petitioner for filing an application under Section 145(2) of NI Act subject to payment of Rs.1,000/- (Rupees One thousand) as cost to be deposited with Delhi Legal Services Authority. The petitioner did not move the application under Section 145(2) of Negotiable Instrument Act and sought time for filing the said application. Vide impugned order dated 05.04.2014 learned Trial Court closed the opportunity to file application under Section 145(2) of Negotiable Instruments Act.
4. Against the said order, the petitioner has preferred the present petition.
5. Learned counsel for the petitioner submits that the petitioner could not file the application under Section 145(2) of NI Act because the counsel for the petitioner was unwell and some new facts were brought to his notice and the petitioner also wanted to file a complaint against the police officials and other authorities.
5. During the course of arguments, learned counsel for respondent No.2 submits that he has no objection if one opportunity is granted to the petitioner subject to payment of cost.
6. In the facts and circumstances of the present case and the submissions made by learned counsel for both the parties, Trial Court is directed to afford one effective opportunity to the petitioner for filing application under Section 145(2) of NI Act subject to payment of cost of Rs.2,000/- (Rupees Two Thousand) to be deposited with Delhi High Court Legal Services Committee within two weeks.
7. With the aforesaid observations, the petition stands disposed of. Crl.M.A No. 7817/2014 The application is dismissed as infructuous.
JUDGE AUGUST 20, 2014 hs