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t u $-101 to 109 HIGH COURT OF DELHI
CRL.M.C. 766/2018 & Crl.M.A. 12668-669/2018
M/S GOYAL MG GASES PVT LTD & ORS Petitioners
Through: Mr. Rohit Priya Ranjan, Adv.
CRL.M.C. 766/2018 & Crl.M.A. 12668-669/2018
M/S GOYAL MG GASES PVT LTD & ORS Petitioners
Through: Mr. Rohit Priya Ranjan, Adv.
VERSUS
STATE & ORS ...„ Respondents
^ Through: Mr. Mukesh Kumar, APP for the State.
Mr. Rahul Sharma, Adv. for R-3.
^ Through: Mr. Mukesh Kumar, APP for the State.
Mr. Rahul Sharma, Adv. for R-3.
CRL.M.C. 1021/2018 & Crl.M.A. 12662-63/2018
M/S GOYAL MG GASES PVT LTD Petitioner .Through: Mr. Rohit Priya Ranjan, Adv.
M/S GOYAL MG GASES PVT LTD Petitioner .Through: Mr. Rohit Priya Ranjan, Adv.
VERSUS
STATE & ORS Respondents
Through: Mr. Mukbsh Kumar, APP for the M State.
Through: Mr. Mukbsh Kumar, APP for the M State.
CRL.M.C. 1023/2018 & Crl.M.A. 12666-67/2018
GOYAL MG GASES PVT LTD ' Petitioner
GOYAL MG GASES PVT LTD ' Petitioner
VERSUS
Through: Mr. Mukesh Kumar, APP for the State.
CRL.M.C. 766/2018& com. page I of5
2018:DHC:8440 jr
2018:DHC:8440 jr
CRL.M.C. 1024/2018 & Crl.M.A. 12655-56/2018
GOYALMG GASES PVT LTD Petitioner
GOYALMG GASES PVT LTD Petitioner
VERSUS
State.
V Mr. Rahul Sharma, Adv. for R-3.
V Mr. Rahul Sharma, Adv. for R-3.
CRL.M.C. 1181/2018 & Crl.M.A. 121660-61/2018
M/S GOYAL MG GASES PVT. LTD Petitioner
M/S GOYAL MG GASES PVT. LTD Petitioner
VERSUS
State.
CRL.M.C. 1182/2018 & Crl.M.A. 12664-65/2018
/
/
VERSUS
State.
CRL.M.C. 766/2018 & conn. page 2 of5
V
V
CRL.M.C. 1183/2018& Crl.M.A. 12653-54/2018
Through; Mr. Rohit Priya Ranjan, Adv.
Through; Mr. Rohit Priya Ranjan, Adv.
VERSUS
State.
CRL.M.C. 1185/2018 & Crl.M.A. 12651-52/2018
M/S GOYAL MG GASES PVT. LTD ..... Petitioner
M/S GOYAL MG GASES PVT. LTD ..... Petitioner
VERSUS
State.
CRL.M.C. 1186/2018 & Crl.M.A. 12657-58/2018
M/S GOYAL MG GASES PVT LTD Petitioner
M/S GOYAL MG GASES PVT LTD Petitioner
VERSUS
State.
CRL.M.C. 766/2018 & conn. page 3 of5
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
16.07.2018 These petitions arise out of nine criminal complaint case instituted by the petitioner against the private party respondents, alleging offences punishable under Sections 138 Negotiable Instruments Act, 1881 having
•y been committed qua different cheques. The petitioner, it appears from the submissions, has been primarily aggrieved because there is inordinate delay in the progress of the proceedings before the trial court. These petitions are listed on 01.08.2018 having been adjourned on joint request by order dated
23.04.2018. They have been taken up today on applications being moved seeking directions for the trial court record be sent back as on such account the proceedings there are held up.
During the hearing, the counsel for the petitioners submitted that he does not press the main petitions filed under Section 482 Cr.P.C. read with
Article 227 of the Constitution of India except to pray that the trial court be called uponto proceed withthe complaint cases expeditiously. The counsel
- for the private party respondents - accused before the trial court - fairly submits that there is no objection to such direction being given to the trial court and further assuring that the accused persons and the defence counsel would fully cooperate withthe effort to have expeditious proceedings in the trial, his plea, however, being that the trial court also be called upon to take expeditious decision on all objections raised including on the non-filing of all the documents and on the question of limitation.
CRL.M.C. 766/2018 &conn. pcigs 4 of5 r
In the foregoing facts and circumstances, the date earlier fixed i.e.
01.08.2018 is cancelled. The trial court is requested to proceed with the complaint cases expeditiously. Both parties would be expected to fully cooperate with the endeavour of the trial to expedite the proceedings so that the complaints can be decided at an early date, this, of course, without prejudice to the rights of.the accused to raise all defences and pleas in y accordance with law.
Thepetitions andthepending applications are disposed of.
The, trial court records shall be returned forthwith.
JULY 16,2018 nk
16.07.2018 These petitions arise out of nine criminal complaint case instituted by the petitioner against the private party respondents, alleging offences punishable under Sections 138 Negotiable Instruments Act, 1881 having
•y been committed qua different cheques. The petitioner, it appears from the submissions, has been primarily aggrieved because there is inordinate delay in the progress of the proceedings before the trial court. These petitions are listed on 01.08.2018 having been adjourned on joint request by order dated
23.04.2018. They have been taken up today on applications being moved seeking directions for the trial court record be sent back as on such account the proceedings there are held up.
During the hearing, the counsel for the petitioners submitted that he does not press the main petitions filed under Section 482 Cr.P.C. read with
Article 227 of the Constitution of India except to pray that the trial court be called uponto proceed withthe complaint cases expeditiously. The counsel
- for the private party respondents - accused before the trial court - fairly submits that there is no objection to such direction being given to the trial court and further assuring that the accused persons and the defence counsel would fully cooperate withthe effort to have expeditious proceedings in the trial, his plea, however, being that the trial court also be called upon to take expeditious decision on all objections raised including on the non-filing of all the documents and on the question of limitation.
CRL.M.C. 766/2018 &conn. pcigs 4 of5 r
In the foregoing facts and circumstances, the date earlier fixed i.e.
01.08.2018 is cancelled. The trial court is requested to proceed with the complaint cases expeditiously. Both parties would be expected to fully cooperate with the endeavour of the trial to expedite the proceedings so that the complaints can be decided at an early date, this, of course, without prejudice to the rights of.the accused to raise all defences and pleas in y accordance with law.
Thepetitions andthepending applications are disposed of.
The, trial court records shall be returned forthwith.
JULY 16,2018 nk
CRL.M.C. 766/2018 &conn. page5of5
BA, J
BA, J
JUDGMENT