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HIGH COURT OF DELHI
CRL.L.P.630/2016 '
DAMODAR GUPTA
Petitioner
Through: Mr; Dharmendra Sharma & Mr.Prashant Kumar Sharma, Advocates.
HIGH COURT OF DELHI
CRL.L.P.630/2016 '
DAMODAR GUPTA
Petitioner
Through: Mr; Dharmendra Sharma & Mr.Prashant Kumar Sharma, Advocates.
VERSUS
DHARMENDRA KUMAR
Through:
Respondent Mr. M.B. Harikant & Mr. Basant Kumar Gautam, Advocates for and along with respondentin person.
Through:
Respondent Mr. M.B. Harikant & Mr. Basant Kumar Gautam, Advocates for and along with respondentin person.
CORAM:
HON'BLE MR.JUSTICE VIPIN SANGHI
17.02.2017 Learned counsel for the respondent puts in appearance. He does not oppose grant ofleave.
Accordingly,leave granted.
Cri.AppealNo. /9-^/2017(to be registered and numbered)
Letthe appeal be registered and numbered.
The appellant has preferred the present appeal to impugn the order dated 29.08.2016, whereby the appellant's complaint under Section 138 of the NI Act has been dismissed in default by resort to Section 256 Cr.P.C.on
2017:DHC:8612 > account ofnon-appearance ofthe complainant on a few dates, including on
29.08.2016.
Learned counsel for the appellant submits that the non-appearance was on behalf of his personal illness. The appellant himself was also not well arid, therefore, he could not appear. He submits that the appellant is ready & willing to compensate the respondent for the inconvenience suffered by the respondent due to non-appearance ofthe appellant and his counsel before the learned Magistrate.
Cases should be heard and decided on merits as far as possible.
Learned counsel for the respondent has also fairly agreed to the impugned order being set aside,subjectto appropriate terms.
Accordingly, the impugned order is set aside and the complaint is restored to its original number, subject to the appellant paying costs of
Rs.15,000/- to the respondent. The costs be paid by the appellant to the respondent on the next date before the Trial Court.
The parties shall appear before the Trial Court on 15.03.2017. The
Trial Courtshall proceed from the stage at which the case was dismissed.
The appeal stands disposed ofin the aforesaid terms.
VIPIN SANGHI,J FEBRUARY 17,2017 B.S.Rohella 2017:DHC:8612
17.02.2017 Learned counsel for the respondent puts in appearance. He does not oppose grant ofleave.
Accordingly,leave granted.
Cri.AppealNo. /9-^/2017(to be registered and numbered)
Letthe appeal be registered and numbered.
The appellant has preferred the present appeal to impugn the order dated 29.08.2016, whereby the appellant's complaint under Section 138 of the NI Act has been dismissed in default by resort to Section 256 Cr.P.C.on
2017:DHC:8612 > account ofnon-appearance ofthe complainant on a few dates, including on
29.08.2016.
Learned counsel for the appellant submits that the non-appearance was on behalf of his personal illness. The appellant himself was also not well arid, therefore, he could not appear. He submits that the appellant is ready & willing to compensate the respondent for the inconvenience suffered by the respondent due to non-appearance ofthe appellant and his counsel before the learned Magistrate.
Cases should be heard and decided on merits as far as possible.
Learned counsel for the respondent has also fairly agreed to the impugned order being set aside,subjectto appropriate terms.
Accordingly, the impugned order is set aside and the complaint is restored to its original number, subject to the appellant paying costs of
Rs.15,000/- to the respondent. The costs be paid by the appellant to the respondent on the next date before the Trial Court.
The parties shall appear before the Trial Court on 15.03.2017. The
Trial Courtshall proceed from the stage at which the case was dismissed.
The appeal stands disposed ofin the aforesaid terms.
VIPIN SANGHI,J FEBRUARY 17,2017 B.S.Rohella 2017:DHC:8612
JUDGMENT