Allowed

Wasim Salmani v. Fursat Ali

Delhi HC3 Dec 2024CRL.M.C./3531/2021

Case brief

AI extract

What is this about?

The High Court allowed a petition to set aside an order dismissing a Section 138 complaint for non-prosecution. The dismissal was attributed to the complainant's absence due to missing summons. The court directed restoration of the complaint and appearance before the CMM.

What did the court decide?

Impugned order dismissing complaint dated 18.07.2019 set aside; complaint restored to original number; petitioner directed to appear before CMM on 20.12.2024.

Wasim Salmani Vs Fursat Ali — Cheque Dishonour | Delhi HC (2024)

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3531/2021

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WASIM SALMANI .....Petitioner Through: Ms. Shobhna Sharma, Adv.

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versus

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FURSAT ALI .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 03.12.2024

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This is a petition seeking setting aside of the impugned order dated 18.07.2019 passed by learned MM, NI Act, East, Karkardooma Courts in Ct. Case No. 4854/2018 titled “ Wasim Salmani vs. Fursat Ali ”.

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As per the order, the complaint under Section 138 Negotiable Instruments Act, 1881 filed by the petitioner was dismissed for nonprosecution.

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It is stated that the counsel for the complainant/petitioner was engaged in another matter and could not appear before the Court in time.

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It is also stated that the complainant was not aware of the next date of hearing and hence, could not appear.

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Ms. Sharma, learned counsel for the petitioner states that in the present case, summons also had not been issued against the respondent.

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I am of the view that in the present case when the matter was dismissed, nobody was appearing on behalf of the petitioner or the

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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 02/07/2025 at 09:30:42

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respondent. Hence, no prejudice will be caused to the respondent if the petition is taken up for hearing. I am also of the view that the endeavour of the Court should be to hear the petition on merits.

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For the reasons, the petition is allowed and the impugned order dated 18.07.2019 passed by the learned MM, NI Act, East, Karkardooma Courts in Ct. Case No. 4854/2018 titled “ Wasim Salmani vs. Fursat Ali ” is set aside.

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The complaint is restored to its original number.

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The petitioner shall appear before the concerned CMM on 20.12.2024, wherein the matter will be assigned to the concerned MM.

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JASMEET SINGH, J

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DECEMBER 3, 2024/ akc

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 02/07/2025 at 09:30:42

Wasim Salmani v. Fursat Ali

Case brief

What is this about?

What did the court decide?

Wasim Salmani v. Fursat Ali

Case brief

What is this about?

What did the court decide?

What the court decided

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