Full Text
CRL.L.P.681/2017 ; ^
NITU SINGH > Petitioner Thi-ough ; .Mr.Kumar Sushobhan,Advocate,
Through: Mr.Tarang Srivastava,APP. , ■. '
' Mr.Murari Tiwari with Mr.Rahul Kuriiar, Advocates for R-2.
ORDER o/o 20.02.2018 Crl.M.A.No.19582/2017 (Exemption)
JUDGMENT
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of. CrI.M.A.No.19581/2017 (Delay), Crl.M.A.19583/2017
1. Learned counsel for the respondent No.2 has no objection to the condonation of delay in filing and re-filing the leave petition.
2. -For the,reasons mentioned in the application, the delay of 26 and 40 days in filing and re-filing the leave petition respectively is condoned. ■i '.
3. The applications stand disposed of. CRLX.P. 681/2017
1. Learned counsel appearing for respondent No.2 has no objection to the grant of leave to appeal.,. CRL.L.P. 681/2017. ■ ' ■ ' ' ' (n 2018:DHC:9339
2. For the reasons mentioned in the application, the petitioner is granted leave to file appeal. •,
3. Leave petition stands disposed of. Crl.A.No. p (to be numbered), 1. During.the' course of arguments, the learned counsel for respondent No.2 only urged to burden the appellant with costs for his ii'' non-appearance before the court.
2. The complaint case filed bythe appellant was dismissed for non-prosecution vide order dated 4.7.2017...The trial court had not, issued any process in the said complaintcase againstthe respondent. No prejudice would cause tO' respondent'No.2 if complaint case, dismissed in default is restored to its original number for the reasons detailed in the petition.
3. Considering the facts and circumstances of the case, the y ijjipugned order dated 4.7.2017is setasidesubjectto costs of^SjOOOZto be paid to respondent No.2;' 4.' The complaintcase is restored to its original number.
5. Listthe matter before trial court on 5"' March,2018 for further proceedings.
6. The appeal stands disposed ofaccordingly. _ ^GARG,J.