Gaurav Taneja vs Vinay Jain
2023 Latest Caselaw 11531 P&H

           CRM-23493-2019 in/and
           CRM-A-1785-2019 (O&M)


           230                                                             2023:PHHC:098393

                IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                                 CRM-23493-2019 in/and
                                                                               CRM-A-1785-2019 (O&M)
                                                                               Date of decision: 01.08.2023

           GAURAV TANEJA                                                                 ...Applicant
                                                                VS
           VINAY JAIN                                                                    ...Respondent

           CORAM:                  HON'BLE MR. JUSTICE ARUN MONGA

           Present:-               Mr. Varun Gupta, Advocate,
                                   For the applicant.

                              ****
           ARUN MONGA, J. (ORAL)

CRM-23493-2019

For the reasons stated in the application, same is allowed and delay of 158

days in filing the application for grant of leave to file an appeal against the judgment of

acquittal stands condoned, subject to all just exceptions.

CRM-23496-2019

Application is allowed, as prayed for subject to all just exceptions.

CRM-A-1785-2019

Present application has been filed under Section 378(4) of Code of

Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of leave to appeal against order

dated 13.09.2018 passed by learned Judicial Magistrate First Class, Gurugram whereby

complaint filed by applicant against respondent-accused for commission of the offence

punishable under Section 138 of the Negotiable Instruments Act, 1881, was dismissed for

want of prosecution, which resulted into acquittal of respondent/ accused.

2. Learned counsel for applicant submits that complaint was dismissed for

non-prosecution and consequently respondent was acquitted. He further contends that

absence of the complainant before learned Court below was not intentional rather on

account of noting down a wrong date of hearing. Thus, the impugned order is liable to be

set aside.

VANDANA 2023.08.01 16:22 I attest to the accuracy and

CRM-23493-2019 in/and CRM-A-1785-2019 (O&M)

3. I have heard learned counsel for applicant and have perused the case file

carefully.

4. It is borne out from the record that the impugned order was passed in the

absence of the complainant. Complainant has given plausible explanation for his non-

appearance. This Court finds the explanation to be cogent, therefore, the application is

allowed and applicant/complainant is granted leave to file appeal against judgment/order

dated 13.09.2018 passed by learned Judicial Magistrate First Class, Gurugram.

5. Without expressing any opinion on the merits of the case at this stage, for

the reasons stated in application, same is allowed. Special leave to appeal against

judgment dated 13.09.2018 passed by learned JMIC, Gurugram is granted. Registry to

assign number to the proposed appeal accompanying the application seeking leave to file

appeal and same be posted on 02.08.2023.

                                                                             ( ARUN MONGA )
                                                                                 JUDGE
           01.08.2023
           vandana



           Whether speaking/reasoned:                         Yes/No
           Whether reportable:                                Yes/No




VANDANA
2023.08.01 16:22
I attest to the accuracy and