Delhi High Court
Ramesh Chand @ Ramesh Kumar vs State & Anr. on 20 August, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20th August, 2014
+ CRL. M.C. 2317/2014
RAMESH CHAND @ RAMESH KUMAR ..... Petitioner
Through: Mr. R.P. Luthra, Advocate.
versus
STATE & ANR. .....Respondents
Through: Mr. Navin Sharma, APP for the
State.
Mr. Sudhir Nagar, Advocate for
R-2.
CORAM:
HON'BLE MR. JUSTICE VED PRAKASH VAISH
VED PRAKASH VAISH, J. (ORAL)
1. This is a petition filed under Section 482 of Code of Criminal
Procedure, 1973 seeking setting aside of order dated 05.04.2014 passed
by learned Metropolitan Magistrate (North East), Karkardooma, Delhi
whereby the opportunity to file an application under Section 145(2) of
Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act')
was closed.
2. Briefly stated, the facts of the present case are that the
respondent No.2 filed a complaint under Section 138 of NI Act bearing
CC No.160/2013 titled 'Varsha Ritu vs. Ramesh Chand'. The
cognizance was taken and the petitioner was summoned by learned
Metropolitan Magistrate (North East), Karkardooma, Delhi vide order
dated 10.7.2013. Notice under Section 251 of Code of Criminal
Procedure was framed by the trial Court vide order dated 23.09.2013
and the case was adjourned for filing of application under Section 145
of NI Act.
3. On 09.01.2014 the case was adjourned to 5.4.2014 on the
request of the petitioner for filing an application under Section 145(2)
of NI Act subject to payment of Rs.1,000/- (Rupees One thousand) as
cost to be deposited with Delhi Legal Services Authority. The
petitioner did not move the application under Section 145(2) of
Negotiable Instrument Act and sought time for filing the said
application. Vide impugned order dated 05.04.2014 learned Trial
Court closed the opportunity to file application under Section 145(2) of
Negotiable Instruments Act.
4. Against the said order, the petitioner has preferred the present
petition.
5. Learned counsel for the petitioner submits that the petitioner
could not file the application under Section 145(2) of NI Act because
the counsel for the petitioner was unwell and some new facts were
brought to his notice and the petitioner also wanted to file a complaint
against the police officials and other authorities.
5. During the course of arguments, learned counsel for respondent
No.2 submits that he has no objection if one opportunity is granted to
the petitioner subject to payment of cost.
6. In the facts and circumstances of the present case and the
submissions made by learned counsel for both the parties, Trial Court
is directed to afford one effective opportunity to the petitioner for filing
application under Section 145(2) of NI Act subject to payment of cost
of Rs.2,000/- (Rupees Two Thousand) to be deposited with Delhi High
Court Legal Services Committee within two weeks.
7. With the aforesaid observations, the petition stands disposed of.
Crl.M.A No. 7817/2014
The application is dismissed as infructuous.
(VED PRAKASH VAISH)
JUDGE
AUGUST 20, 2014
hs
