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DR MOREPEN LTD Petitioner
Through: Ms. Gousia Shah, Advocate.
Through: Ms. Isha Khanna, APP for R-1.
None for R-2.
M.A. No. 2609 of 2013 (for delay in re-filing the petition)
ORDER
1. For the reasons stated therein, the delay in re-filing the criminal leave petition is condoned.
2. The application is allowed. Crl.L.P. No. 106 of 2013
3. None appears for Respondent No. 2 despite service ofnotice.
4. Learned counsel forthe Petitioner clarifies that the Complaint Case No. is 1553/1 and that mention ofanother ComplaintCase No.1509/1 in the CrLL.P. 106 of2013 Page 1of[3] 2014:DHC:7489 impugned order is a mistake.
5. It is seen by the impugned order dated 23'"'' August 2012, the learned Metropolitan Magistrate ('MM') has dismissed the Complaint Case NO. 1553/1 for non prosecution.
6. The reasons adduced in the criminal leave petition for the non-appearance ofthe Petitioner/Complainant in the trial Court appear to be bona fide. The Court is of the view that, the Petitioner should be granted one more opportunityto pursue the complaintcase.
7. The petition is allowed and theleave to appeal isgranted. CRL.A. No..^^.^.of 2014 (to be numbered by the Registry)
8. Learned counsel for the Appellant states that the complaint was dismissed at the stage of appearance ofthe accused.
9. None appears forRespondent No. 2 despite service.
10. In the circumstances, the impugned order dated 23'"'' August 2012 passed by the learned MM in Complaint Case No. 1553/1 is hereby set aside and the said complaint case is restored to the file ofthe learned MM. Crl.L.P. 106 of2013 pgge 2of[3]
11. The file of CC No. 1553/1 will now be placed before the Chief Metropolitan Magistrate ('CMM'), PatialaHouse Courts, New Delhi on 21'^ May 2014 for being assigned to the concerned Metropolitan Magistrate ('MM'). The MM will proceed from the stage at which the complaint was when the impugned order was passed. It is made clear the complaint will proceed afterservice of notice upontheRespondent.
12. The appeal is disposed of in the above terms.
13. A certified copyof this orderbe sentto the learned CMM, Patiala House Courts, New Delhi forthwith. MAY 06, 2014 Rk S.MURALIDHAR, J CrLL.P. 106 of2013 Page3of[3]