Delhi High Court
Amit Kumar vs State Gnct Of Delhi & Anr. on 6 December, 2022
Neutral Citation Number is 2022/DHC/005630
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6550/2022, CRL.M.A. 25519/2022
AMIT KUMAR ..... Petitioner
Through: Mr. Puneet Kumar, Adv.
versus
STATE GNCT OF DELHI & ANR. ..... Respondents
Through: Mr. Pradeep Gahalot, APP for the
State
% Date of Decision: 6th December, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 25520/2022 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 6550/2022
1. The present petition has been filed challenging the summoning order
dated 9th February, 2017 as well as order dated 2nd June, 2022
whereby the application of the petitioner under Section 311Cr. PC
has been dismissed.
2. At the outset, learned counsel for the petitioner submits that he does
Signature Not Verified
Digitally Signed
By:PALLAVI
VERMA
Neutral Citation Number is 2022/DHC/005630
not press his challenge to the summoning order dated 9 th February,
2017. Learned counsel submits that vide the impugned order dated 2 nd
June, 2022 his request to recall the complainant for cross examination
has been dismissed. It has been submitted that the right of the
petitioner to cross examine the complainant was closed vide order
dated 16th December, 2021 and thereafter, he moved an application
under Section 311 Cr. PC which was dismissed vide the impugned
order dated 2nd June, 2022. Learned counsel submits that if he is not
given an opportunity to cross examine the complainant, the petitioner
would be seriously prejudiced.
3. The petition has been filed under Section 482 Cr. PC. Though, the
power conferred under Section 482 Cr. PC is wide but it has to be
exercised with circumspection. The twin parameter for exercising
the power under Section 482 Cr. PC are either to prevent the abuse of
the process of the Court or to secure the ends of the justice.
4. In the present case, the complaint under Section 138 of NI Act was
filed against the petitioner. The perusal of the order dated 16 th
December, 2021 indicates that the petitioner had been delaying the
matter before the learned Trial Court and he was even burdened with
the cost. It is also to be noted that the application under Section 311
Cr. PC was dismissed vide order dated 2nd June, 2022.
5. Learned counsel submits that initially he had filed a revision against
this order which was withdrawn as being not maintainable on 19th
October, 2022. Thereafter, the present petition has been filed and is
placed today. It has also come to the notice of the Court during the
submissions that the matter is fixed today before the learned Trial
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Digitally Signed
By:PALLAVI
VERMA
Neutral Citation Number is 2022/DHC/005630
Court for final arguments.
6. The present case is not amongst one in which the sparing power under
Section 482 Cr. PC is to be invoked. Learned Trial Court has taken a
view on the basis of the fact and circumstances of the case and the
conduct of the petitioner. The interference in the present case would
neither prevent the abuse of the process of the Court and nor would it
secure the ends of the justice. The petitioner has not been diligent
enough to pursue the matter. I consider that no interference is called
for in this case, hence, this petition stands dismissed.
DINESH KUMAR SHARMA, J
DECEMBER 6, 2022
Pallavi
Signature Not Verified
Digitally Signed
By:PALLAVI
VERMA
