Teena Singh vs M/S Catmoss Retailpvt. Ltd. And ...
2023 Latest Caselaw 1936 P&H

232 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                               CRM-16970-2022 in/and
                               CRM-A-168-2022
                               Date of Decision: January 30, 2023

Teena Singh                                                ...Petitioner

                                 Versus

M/s CATMOSS Retail Private Limited and another ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:- Mr. Vikas Kumar, Advocate for the applicant.

DEEPAK GUPTA, J.(Oral) This application for grant of leave to appeal is filed against

the order dated 12.07.2017 passed by learned Judicial Magistrate 1st

Class, Faridabad, whereby complaint case No.NACT/4931/2015, titled as

"Teena Singh vs M/s CATMOS Retails Private Limited and another"

was dismissed for want of prosecution.

Learned counsel submits that initially the complaint was

filed in Faridabad Court but because of the judgment of the Hon'ble

Supreme Court in case of "Dashrath Rupsingh Rathod vs State of

Maharashtra & another" passed in Criminal Appeal No.2287 of 2009,

the complaint was returned with the direction to file the same in Delhi

Court. Complainant was prosecuting the complaint in Delhi Court and

again it was returned after amendment in Negotiable Instruments Act, for

presenting before Faridabad Court. Complainant then engaged Shri

Abhishek Pareek, Advocate so as to file the complaint. However, the

presence of Shri Jitender Singh, Advocate was marked on behalf of the

complainant on 12.06.2017, although petitioner had never engaged said

Shri Jitender Singh, Advocate. In fact, said Jitender Singh, Advocate was

representing the complainant in other cases and not in the present case as

in the present case, Shri Abhishek Pareek, Advocate had been engaged as

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CRM-A-168-2022 (O&M)

the counsel. Later on, because of non-prosecution, the complaint was

dismissed for want of prosecution. Present application for grant of leave

to appeal is also accompanied by an application for condonation of delay

of 958 days in filing the application for grant of leave to appeal.

Heard.

Considering the detailed reasons as mentioned in the

application, delay of 958 days is hereby condoned in filing the

application for grant of leave to appeal.

Application bearing CRM-16970-2022 stands disposed of.

The impugned order dated 12.07.2017 passed by learned

Judicial Magistrate 1st Class, Faridabad is hereby set aside. Learned Trial

Court is directed to restore the complaint to its original number and

proceed further, in accordance with law..

Present application for grant of leave to appeal is disposed of

accordingly.

January 30, 2023                                  (DEEPAK GUPTA)
sarita                                                 JUDGE

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




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