Section 138 NI Act: Complainant paid the price for laxity: HC restored the dismissed case subject to cost of Rs. 1,00,000/- [Read the Order]

Delhi High Court has though accepted that fault lies with the counsel in respect of dimissal of the complaint, it restored the case by imposing cost of Rs.1,00,000/-.

A bench of Justice Bakhru in the case titled as YAMAHA MOTOR INDIA SALES PVT LTD vs M/S BUKHARI ENTERPRISES PVT LTD decided on 18.02.2020 has passed the order.

High Court observed and held as under:

"The learned counsel for the petitioner submits that the default was caused because the said matter had not been listed in his diary.

The photocopy of the diary of the counsel has also been produced in support of the said explanation. The learned counsel for the petitioner has been candid in admitting that the default has been caused solely on account of the laxity on his part and that of his office.

Considering the above and considering that the petitioner had been pursuing the matter diligently for almost over six years, prior to the complaint being dismissed for default; this Court considers it apposite that the impugned order be set aside.

For the reasons stated above, this Court considers it apposite to allow the present appeal. The impugned order is set aside and the matter is remanded to the concerned MM.

The petitioner’s complaint is restored to the file before the concerned MM, Saket, at the position as obtaining on 04.08.2014. The parties are directed to appear before the concerned Court on 16.03.2020 for further proceedings. This is subject to the petitioner paying the cost of ₹1,00,000/-, as directed".

Read the Order here: