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s-47 HIGH COURT OF DELHI CRL.L.P. 238l2orr JAIN EXPORT PVT LTD ..... Petitioner
Through Mr.Kuljeet Rawal, Adv. VCTStlS..... Respondent
\ NEHA PROTEIM LTD & ORS
Through
Through Mr.Kuljeet Rawal, Adv. VCTStlS..... Respondent
\ NEHA PROTEIM LTD & ORS
Through
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
18.05.2011 Crl.M.A.No.5889/201 1 (u/S 482 Cr.P.C.l o/o
'{1 ,- .l l-.
, 1.
This is an application seeking exemption.
The application is allowed subject to the deficiency being rectified within ten weeks.
Crl.L.P.No.238/2011 This is a leave to appeal against the order dated 19.3.2011 by virtue of which the learned Small Cause Court cum Additional Sr.
Civil Judge, New Delhi has dismissed the complaint no.284l2OO9 on account of non appearance of the appellant.
It has been stated in the said order that the appellant had also not appeared on the previous date i.e. before 19.3.2OIL. Even steps have not been taken for effecting service on the respondents.
Thc complaint was dismissed in pursuance to Section 204 (4)
Cr.P.C. It is contended by the learned counsel for the appellant t
2.
3.
2011:DHC:16551 A 3-J. that in fact, there were two complaints filed by the present appellant. Both the complaint cases were going together. The number of other complaint case ts IO42l2006. It is stated that the appellant had noted the date of both these complaints as 4.5.2OII on 21. 1.2O 1 1. However, to his utter surprise, sometime in April, when he wants to file the process fee, it was learnt that although one complaint has been adjourned to +.5.2OL1 but the other one has been dismissed in default on 19.3.2OII and hence the present appeal has been filed.
The other complaint is now stated to be listed on 20.8.201 1.
I have heard the learned counsel for the appellant and have perused the record.
Since the respondents are yet to be served, therefore, issuance of notice against the respondents is dispensed with. As the case is at the threshold, I feel that the appeal deserves to be allowed and the complaintno.284/2OO9 restored to its original number.
However, this shall be subject to the payment of cost of {10,000/- to be deposited in the Delhi High Court Legal Aid and Advise
Committee and receipt in original shall be produced before the iearned Trial Judge as and when the matter is taken up by him.
18.05.2011 Crl.M.A.No.5889/201 1 (u/S 482 Cr.P.C.l o/o
'{1 ,- .l l-.
, 1.
This is an application seeking exemption.
The application is allowed subject to the deficiency being rectified within ten weeks.
Crl.L.P.No.238/2011 This is a leave to appeal against the order dated 19.3.2011 by virtue of which the learned Small Cause Court cum Additional Sr.
Civil Judge, New Delhi has dismissed the complaint no.284l2OO9 on account of non appearance of the appellant.
It has been stated in the said order that the appellant had also not appeared on the previous date i.e. before 19.3.2OIL. Even steps have not been taken for effecting service on the respondents.
Thc complaint was dismissed in pursuance to Section 204 (4)
Cr.P.C. It is contended by the learned counsel for the appellant t
2.
3.
2011:DHC:16551 A 3-J. that in fact, there were two complaints filed by the present appellant. Both the complaint cases were going together. The number of other complaint case ts IO42l2006. It is stated that the appellant had noted the date of both these complaints as 4.5.2OII on 21. 1.2O 1 1. However, to his utter surprise, sometime in April, when he wants to file the process fee, it was learnt that although one complaint has been adjourned to +.5.2OL1 but the other one has been dismissed in default on 19.3.2OII and hence the present appeal has been filed.
The other complaint is now stated to be listed on 20.8.201 1.
I have heard the learned counsel for the appellant and have perused the record.
Since the respondents are yet to be served, therefore, issuance of notice against the respondents is dispensed with. As the case is at the threshold, I feel that the appeal deserves to be allowed and the complaintno.284/2OO9 restored to its original number.
However, this shall be subject to the payment of cost of {10,000/- to be deposited in the Delhi High Court Legal Aid and Advise
Committee and receipt in original shall be produced before the iearned Trial Judge as and when the matter is taken up by him.
ORDER
8. With these observations, the appeal is allowed.
6. 7. "t A^ fl /VV--r* v.K. SHALI,J MAY RN *> 18,2O11