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$-27 HIGH COURT OF DELHI
CRL.L.P. 718/2013
GE MONEY HOUSING FINANCE Petitioner
Through: Mr. Amar Singh, Adv.
CRL.L.P. 718/2013
GE MONEY HOUSING FINANCE Petitioner
Through: Mr. Amar Singh, Adv.
VERSUS
JAIBHAGWAN SHARMA
Through: None.
Through: None.
CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL
13.12.2013 Respondent
13.12.2013 Respondent
CRL.M.A.18765/2013 (exemption)
Exemption as prayedfor is allowed, subjectto just exceptions.
Exemption as prayedfor is allowed, subjectto just exceptions.
CRL.L.P. 718/2013
Heard.
Leave granted.
The leave petition stands disposed of.
CRL.A. No/.^.^.g./2013 Registry is directed to register the appeal.
Learned counsel appearing for the appellant has submitted that a complaint had been filed by the appellant under Section 138 of Negotiable
Instruments Act before the Learned M.M., Dwarka Courts, Delhi, which has been dismissed for non-prosecution on the ground that the complainant/appellant did not file the fresh address of the
2013:DHC:8343 respondent/accused.
Learned counsel submits that the fresh address of respondent/accused has now been traced and he shall be filing the same before the concerned
M.M. within two weeks. It is stated that if the impugned order is not set aside great prejudice shall becaused tothe complainant/appellant inas much as he has been pursuing all through his complaint and the address was not traceable earlier due to bona fide reasons.
In view of the above submissions made, impugned order is set aside.
The appellant/complainant shall appear before the concerned learned M.M. on 09.01.2014 and shall place on record the fresh address of respondent/accused along with his affidavit and thereafter the learned M.M. shall proceed withthe matter in accordance with law.
The appeal stands disposed of.
DECEMBER 13,2013 srb VEENABIRBAL,J 2013:DHC:8343
Heard.
Leave granted.
The leave petition stands disposed of.
CRL.A. No/.^.^.g./2013 Registry is directed to register the appeal.
Learned counsel appearing for the appellant has submitted that a complaint had been filed by the appellant under Section 138 of Negotiable
Instruments Act before the Learned M.M., Dwarka Courts, Delhi, which has been dismissed for non-prosecution on the ground that the complainant/appellant did not file the fresh address of the
2013:DHC:8343 respondent/accused.
Learned counsel submits that the fresh address of respondent/accused has now been traced and he shall be filing the same before the concerned
M.M. within two weeks. It is stated that if the impugned order is not set aside great prejudice shall becaused tothe complainant/appellant inas much as he has been pursuing all through his complaint and the address was not traceable earlier due to bona fide reasons.
In view of the above submissions made, impugned order is set aside.
The appellant/complainant shall appear before the concerned learned M.M. on 09.01.2014 and shall place on record the fresh address of respondent/accused along with his affidavit and thereafter the learned M.M. shall proceed withthe matter in accordance with law.
The appeal stands disposed of.
DECEMBER 13,2013 srb VEENABIRBAL,J 2013:DHC:8343
JUDGMENT