Naresh Kumar Gupta & Anr. v. Delpii Safe Deposit

High Court of Delih At New Delhi · 06 Nov 2019 · 2019:DHC:7747
Manoj Kumar Ohri
CRL.M.C.5348/2019 and CRL.M.A.38574/2019
2019:DHC:7747
criminal appeal_allowed

AI Summary

The High Court held that the trial court must await the outcome of a pending revision petition before pronouncing judgment and protecting the petitioners' right to final arguments.

Full Text
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* IN THE HIGH COURT OF DELIH AT NEW DELHI
+ CRL.M.C.5348/2019 and CRL.M.A.38574/2019(stay)
NARESH KUMAR GUPTA & ANR. Petitioners
Through: Mr.Ashutosh Dubey and Mr.Abhishek
Chauhan,Advocates
VERSUS
DELPII SAFE DEPOSIT Respondent
Through: Mr.Vivek B.,Advocate
^CRL.M.C.5359/2019 and CRL.M.A.38602/2019(stay)
NARESH KUMAR GUPTA & ANR. Petitioners
Through: Mr.Ashutosh Dubey and Mr.Abhishek
Chauhan,Advocates
VERSUS
STERLING FINANCE LEASING Respondent
Through: Mr.Vivek B.,Advocate
CORAM:
HON'BLE MR.JUSTICE MANOJ KUMAR OHIH
% 06.11.2019
ORDER

1. The present petitions have been filed challenging the impugned order dated 16.10.2019 passed by Addl. Sessions Judge-04, New Delhi District, Patiala House Courts, New Delhi as well as the order dated 25.09.2019 passed by the learned Magistrate. ^ 2. Learned counsel for the petitioners submits that on 07.08.2019 the application moved on behalfofthe petitioners to summon defence witnesses was rejected and the case was listed for final arguments on 17.09.19. The order dated 07.08.19 was challenged before the Sessions Court, wherein on 23.09.2019, though notice was issued for 16.11.19 however, no stay was 2019:DHC:7747 IX granted. In the meantime,when the ease eame up before the Magistrate on 25.09.19,a request was made on behalfofthe petitioners that their eounsel was not available,however,on the said date the petitioners'rightto advance final arguments was closed and parties were directed to file written synopsis oftheir arguments. Further,the matter was fixed forjudgment/clarification on 21.10.19 withoutnoting thatthe revision againstthe order dated 07.08.19 was still pending before the Sessions Courtfor 16.11.19.

3. In view of the above, it is directed that the Magistrate shall not pronounce thejudgmentand shall awaitthe outcome ofthe revision petition pending before the Sessions Court.

4. The present petitions are disposed of along with the pending applications.

5. Copy ofthis order be communicated to the concerned trial court.

MANOJ KUMAR OHRI,J NOVEMBipi06,2019 na