The High Court allowed the criminal leave petition, set aside the order dismissing a Section 138 complaint, and remanded the matter for adjudication on merits after the petitioner failed to serve the respondent.
Impugned order set aside; matter remanded for adjudication on merits; costs of Rs. 10,000 awarded to respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
HAMDARD (WAKAF) LABORATORIES ..... Petitioner Through Mr. Ravi Sikri, Mr. Sumel Khanna and Mr. Deeponk Yadav, Advocates
versus
RAKESH ARORA ..... Respondent Through Mr. Rohit Gandhi, Advocate CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
O R D E R
Having heard learned counsel appearing on behalf of the parties, the Court is of the view that there are sufficient grounds for grant of leave to appeal. Accordingly, the criminal leave petition is allowed.
The matter is directed to be registered as a criminal appeal.
CRL.A._________/2016 (To be numbered)
After hearing learned counsel appearing on behalf of the parties, the present appeal is being disposed of by this order.
The present appellant assails the order dated 12th December, 2013 passed by the Metropolitan Magistrate, Negotiable Instruments Act, (West), Delhi, dismissing the complaint being Criminal Complaint Case No. 2175/1 filed on behalf of the appellant under Section 138 of the NI Act, on account of the circumstance that the appellant was unable to serve the respondent herein despite repeated opportunities.
As is evident from a perusal of the order impugned in the present appeal, the complaint filed on behalf of the appellant had not been heard or adjudicated on merits. In my considered view, an opportunity must be granted to the
complainant to prosecute the complaint before the concerned Magistrate especially in view of the circumstance that the respondent has now appeared before this Court.
The present appeal is consequently allowed.
The impugned order dated 12th December, 2013 is set aside.
The Criminal Complaint Case No. 2175/1 filed under Section 138 of the NI Act titled Hamdarad (Wakaf) Laboratories vs. Rakesh Arora is remanded back to the Court of the concerned Magistrate for adjudication on merits, subject to payment of Rs. 10,000/- as costs to be paid to the respondent within a period of two weeks from today.
List the matter before the concerned Magistrate on 2nd March, 2016 for hearing and adjudication of the complaint case as afore-stated on merits in accordance with law.
SIDDHARTH MRIDUL, J
JANUARY 08, 2016 sd
3 issues framed by the court
Whether the criminal leave petition should be allowed to adjudicate the merits of the cheque dishonour complaint where the appellant could not serve the respondent.
Whether the impugned order dismissing the complaint without merits should be set aside and the matter remanded.
Whether cost should be awarded to the respondent for filing the appeal.
1 provisions across 1 enactments
HAMDARD (WAKAF) LABORATORIES
RAKESH ARORA
SIDDHARTH MRIDUL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
