Appealed and special leave petition challenging dismissal of NI Act complaint for non-prosecution. The High Court condoned delay and restored the complaint to the Court of the Metropolitan Magistrate at the original stage.
Compensation for delay condoned; complaint restored to the Metropolitan Magistrate's court at original stage.
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.
$~21
BHAVIK POLYMERS PVT LTD ..... Petitioner
Through: Mr. Sahil Aggarwal, Advocate (through VC).
versus
SH KRISHNA YADAV ..... Respondent
Through:
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
CRL.M.A. 96-97/2024 (exemption)
CRL.M.A. 95/2024 (for delay)
CRL.L.P. 7/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 16:02:39
SWARANA KANTA SHARMA, J
JANUARY 3, 2024/zp
Click here to check corrigendum, if any
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 16:02:39
3 issues framed by the court
Whether the condonation of delay in filing an appeal is warranted.
Whether the dismissal of a complaint for non-prosecution was erroneous when the petitioner was diligently appearing.
Whether a restored complaint should be placed back at its original stage in the lower court.
2 provisions across 2 enactments
Bhavik Polymers Pvt Ltd
Sh Krishna Yadav
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
