Aruna Varma v. State

1. These petitions were for the first time listed on 11^ August, 2016 when this Court passed the following order: "By thesepetitions thepetitioner challenges the order dismissing his application under Section 315 Cr.P.C. with cost. The defence ofthe petitioner is pending before the learned Trial Court under the 5 complaint cases under Section 138NegotiableInstruments Actsince 2011. Today when the matter is listedfor thefirst timefor admission before this Court, learned proxy counsel says that learned counselfor the petitioner is unwell and seeks an adjournment. Renotify on 2"'^ November, 2016 subject to the petitioner depositinga costof^5,000/- in eachpetition with the Delhi High Court Legal Services Committee before the nextdate ofhearing." CRL.M.C 2893/2016,2894/2016,2895/2016,2896/2016&2897/2016 page2of[3]

2. Applications were filed by the petitions for early hearing of the petitions and waiver ofthe cost which were dismissed by this Court on 19^ October,2016. Till date the cost as imposed vide order dated 11^ August, 2011 has not been deposited in any ofthe matters.

3. Today on the first call learned proxy counsel for the petitioner was present and stated that the petitioner seeks to withdraw the present petitions and application however,his vakalatnama was not on record and the counsel whose vakalatnama was on record was not present. Hence this Court could not permit withdrawal of the petitions. The matter was passed-over for calling the counsel whose vakalatnama is on record.However on the second call the learned counsel for the petitioner is still not available.

4. Petitions and applications are dismissed with further cost of?10,000/each to be paid to the Delhi High Court Legal Services Committee. In case the costs are not deposited by the petitioner within four weeks from today, the same be recovered as per law.

MUKTA GUPTA,J. NOVEMBER 02,2016 'vn'