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s $-11 HIGH COURT OF DELHI
CRL.L.P.274/2018
M/S MAHAJAN & COMPANY Petitioner
Through Mr. Akshay Bhatia and Mr. Avinash , Das,Advocates.
CRL.L.P.274/2018
M/S MAHAJAN & COMPANY Petitioner
Through Mr. Akshay Bhatia and Mr. Avinash , Das,Advocates.
VERSUS
M/SZAHOOR GARMENTS& ANR Respondents
Through Mr.Sudhir Kumar Ojha and Mr.R.S.
Tiwari,Advocates for R-1 &2.
Through Mr.Sudhir Kumar Ojha and Mr.R.S.
Tiwari,Advocates for R-1 &2.
CORAM:
HON'BLE MR.JUSTICE A.K.CHAWLA
18.07.2019
18.07.2019
CRL.L.P.274/2018
Leave to appeal is granted.Petition is disposed off.
CrI.A.No. /2019(to be numbered! Registry to number the appeal.
Admit.
By the instant appeal, the appellant impugns the order dated
23.11.2017 passed by the Id. MM, whereby, the complaint filed by the appellant under Section 138 N.I. Act was dismissed for non-appearance and non-prosecution. Appellant explains the default on the premise that on
19.09.2017 when the matter was adjourned, his Advocate took note ofthe adjourned date of hearing as 08.02.2018 instead of23.11.2017. In support ofsuch averments,copy ofthe case diary maintained by the counsel has also come to be placed on record as Annexure P-10. Averments to the said effect
2019:DHC:7884 / are supported by an affidavit and there is no reason to not to believe. Ld.
Counsel for the appellant on his part also submits that since the filing ofthe complaint in the year 2013,which was once transferred to Varanasi,UP and thereafter again came to be transferred to Delhi, the appellant has been pursuing proceedings with due diligence, but, for the subject default. There is also no reason as to why the appellant would have defaulted inasmuch as he was notto gain anything by any intentional default.
Taking into account the totality of the facts and circumstances, the impugned order is set aside subject to cost of Rs.7,500/-. Parties are directed to appear before the concerned Court on 31.07.2019. Cost is directed to be deposited with Delhi High Court Advocates Welfare Fund within seven days.
Petition stands disposed offaccordingly.
A.K.CHAWLA,J JULY 18,2019 nn 2019:DHC:7884
Leave to appeal is granted.Petition is disposed off.
CrI.A.No. /2019(to be numbered! Registry to number the appeal.
Admit.
By the instant appeal, the appellant impugns the order dated
23.11.2017 passed by the Id. MM, whereby, the complaint filed by the appellant under Section 138 N.I. Act was dismissed for non-appearance and non-prosecution. Appellant explains the default on the premise that on
19.09.2017 when the matter was adjourned, his Advocate took note ofthe adjourned date of hearing as 08.02.2018 instead of23.11.2017. In support ofsuch averments,copy ofthe case diary maintained by the counsel has also come to be placed on record as Annexure P-10. Averments to the said effect
2019:DHC:7884 / are supported by an affidavit and there is no reason to not to believe. Ld.
Counsel for the appellant on his part also submits that since the filing ofthe complaint in the year 2013,which was once transferred to Varanasi,UP and thereafter again came to be transferred to Delhi, the appellant has been pursuing proceedings with due diligence, but, for the subject default. There is also no reason as to why the appellant would have defaulted inasmuch as he was notto gain anything by any intentional default.
Taking into account the totality of the facts and circumstances, the impugned order is set aside subject to cost of Rs.7,500/-. Parties are directed to appear before the concerned Court on 31.07.2019. Cost is directed to be deposited with Delhi High Court Advocates Welfare Fund within seven days.
Petition stands disposed offaccordingly.
A.K.CHAWLA,J JULY 18,2019 nn 2019:DHC:7884
JUDGMENT