Full Text
HIGH COURT OF DELHI
CRL.L.P. 323/2012
1.
KAPOOR! CHIT PVT LTD THR. ITS DIRECTOR I A.R. ARVIND
GUPTA ..... Petitioner
Through: Nemo.
HON'BLE MR. JUSTICE G.P. MITTAL
23.01.2013 In view of the Affidavit of service filed by the Petitioner, the Respondent is deemed to be served.
ORDER
2. The Petitioner seeks setting aside of the order dated 02.03.2012 whereby
3. the complaint under Section 138 of the Negotiable Instruments Act, 1881 (the N.I.Act) preferred by the Petitioner was dismissed in default because of non appearance ofthe Petitioner and the Respondent was acquitted. It is urged by the learned counsel for the Petitioner that Petitioner could not appear before the learned Metropolitan Magistrate on 02.03.2012 because of demise of his cousin Anil Gupta. The counsel for the Petitioner was also unable to appear because of some bereavement in his family. It is stated that the counsel for the Petitioner had informed his colleague to appear before the Court and take care of the case, however, he also failed to appear.
4. Obviously, the Petitioner would not like his case to be dismissed in default. He was not to gain anything by intentionally getting the complaint dismissed and then approaching the Court under Section 482 2013:DHC:8658 b Cr.P.C. for restoration. Considering the facts and circumstances of the case, the impugned order dated 02.03.2012 dismissing the complaint for non prosecution and acquitting the Respondent is set aside.
5. The Complaint is restored to its original number.
6. The parties are directed to appear before the learned 'MM' on 04.02.2013. The Trial Court shall issue notice to the Respondent afresh before proceeding further in the matter.
JANUARY 23, 2013 vk G.P. MITTAL, J.