Anup Kapoor vs Pradeep Roy
2022 Latest Caselaw 3241 Del

                                                                Neutral Citation Number 2022/DHC/005372


                          $~12 & 13

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.L.P. 83/2021
                                ANUP KAPOOR                                    ..... Petitioner
                                                   Through:   Mr.Rajiv Dev and Mr.Rudra Partap
                                                              Singh, advocates

                                                   versus

                                PRADEEP ROY                                    ..... Respondent
                                                   Through:   Mr.Manish Rohilla, Mr.Shrey
                                                              Sharawat, Advocates for R-2.

                          +     CRL.L.P. 84/2021
                                ANUP KAPOOR                                    ..... Petitioner
                                                   Through:   Mr.Rajiv Dev and Mr.Rudra Partap
                                                              Singh, advocates
                                                   versus

                                PRADEEP ROY                                    ..... Respondent
                                                   Through:   Mr.Manish Rohilla, Mr.Shrey
                                                              Sharawat, Advocates for R-2.

                          %                        Date of Decision: 05.12.2022
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                      JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. Present petitions have been filed challenging the orders dated 16.02.2021 and 18.03.2021 whereby the complaints under Section 138 of the Negotiable Instrument Act, 1881 bearing complaint case Nos.6260/2018 and 6257/2018 both titled as Anup Kapoor vs. Pradeep

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:07.12.2022 18:54:54 Neutral Citation Number 2022/DHC/005372

Roy were dismissed in default for non-compliance and non- prosecution.

2. Learned counsel for the petitioner submits that the complainant could not appear on 16.02.2021 and 18.03.2021 on account of medical emergency. Learned counsel submits that medical records have also been placed on record.

3. Learned counsel for respondent no.2 has very graciously submitted that petitions may be allowed and complaints may be restored to its original number and position for final adjudication of the dispute on merits. However, learned counsel has submitted that some cost may be imposed upon the petitioner for the casual approach.

4. Taking into account the totality of the facts and circumstances of the cases, both the complaint case Nos.6260 of 2018 and 6257/2018 both titled as Anup Kapoor vs. Pradeep Roy are restored to their original numbers.

5. The petitions are, accordingly, allowed. The petitioner shall pay cost in the sum of Rs.2,500/- in each petition to the respondent.

6. The parties are directed to appear before learned CMM, South-East on 19.12.2022 at 2 p.m. Learned CMM may try the complaint cases on his own or may allocate it to the competent court of jurisdiction.

DINESH KUMAR SHARMA, J DECEMBER 5, 2022/rb

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:07.12.2022 18:54:54