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Date ofdecision:29.02.2016
M/SS DINTERNATIONAL Petitioner
Through: Mr.Rajiv Kumar,Advocate ,.;;versusv M/SD DSYENTHETIC(P)LTp,<& ANR..;:. Respondents
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Through: Mr.Praveen Singhai,Ac^^^
JUDGMENT
1. Thepresentleavepetition assailstheorderdated 14.10.2014passed by the learned Metropolitan Magistrate, Saket Courts, Delhi in CC No.4431/1 titled as"Ms.S.D.International vs. SumitSeth & under Section 138 of the Negotiable Instruments Act, 1881 whereby the said complaint instituted on behalfofthe petitioner was dismissed for non-prosecution as well as non-appearance. CRL.L.P.31/2015 „, Page I of[4] 2016:DHC:8891 w
2. Learned counsel appearing on behalfofthe leave petitioner states that on account ofthe circumstance that he inadvertently recorded the next date ofhearing in the said CC No.4431/1 incorrectly,they were unable to appear before the concerned Magistrate on the day when the matter was dismissed for non-prosecution.
3. In view of the foregoing, in my view, the present petition seeking leave to appeal must be grated.. n
4. Ordered accordingly.
5. The leave petitipri is allowed and^ ofaccordingly. CRL.A. D DX /2016(To BeNumbered)
6. After hearing counsel appeafing on-behalfp appellant as well as respondent No.l, the^present"appeal is being'disposed;;6 by way of this order. V, ^ '
7. Learned counsel appearing on behalf of the appellant, who also represented the leave petitioner before the concerned Magistrate,has already explained the reason for the non-appearance ofthe appellant as well as his counsel before the concerned Magistrate on the date when the CC No.4431/1 came to be dismissed for non-prosecution. CRL.L.P.31/2015 Page2of[4]
8. In my view, sufficient cause has been demonstrated by the appellant for their non-appearance before the coneemed Magistrate on the relevant day. The inadvertent mistake made by the appellant was neither intentional nor deliberate.
9. In the present appeal, it is observed that the CC No.4431/1 under Section 138 ofthe Negotiable Instruments Act,1881 was dismissed for nonproseeution and has not been heard and adjudipated^pn merits. ^ 10. In view ofthe said;eireumstancesj- in my opiriion.,ari;;Opportunity has to be granted tothe appellant/complainantto pr^^^^^ the eomplaint beforethe Magistrate on mterits. V
11. The present appeal is eonsequehfly!,allowed. The irhpugned order dated 14.10.20l[4] passed;Jby the learneidi:^ Magistrate in CC No.4431/1 titled as ^ ^ Anr." is ^ restored to its original number and.remandedr to the Court of the coneemed Magistrate subject to payment of Rs.2,000/- (Rupees Two Thousand Only)as costs to respondent No.l within a period offour weeks from today. CRL.L.P.31/2015 Page 3of[4] i
12. List the matter before the concerned Magistrate on 14.03.2016 for hearing and adjudication of the above mentioned complaint in accordance with law.
13. The appeal is disposed ofaccordingly.
14. A copy ofthis order be sent to the concerned Magistrate for necessary compliance. V SIDipiARTH MRIDUL,J FEBRUARY 29,2016 dn V n 'C-'"'? ■- -V; L.- ' -L':' ■ ^ ^ 1 ^ i." S'