Disposed

Rameshwari Jadhav v. State of NCT Delhi

Delhi HC19 Sept 2024CRL.M.C./7402/2024

Case brief

AI extract

What is this about?

Petition sought cancellation of non-bailable warrants issued in a cheque dishonour case after the accused, undergoing medical treatment, was declared an absconder despite a pending warrant-cancellation application. Court set aside the absconding order of 28 February 2024, allowed appearance by video conferencing with physical presence only if necessary, and quashed the Section 174A FIR.

What the court decided

AI extract

Rameshwari Jadhav Vs State of NCT Delhi — Cheque Dishonour | Delhi HC (2024)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7402/2024

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RAMESHWARI JADHAV .....Petitioner

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Through: Mr. Manu Beri, Mr. Varun Varma, Mr. Prakhar Shukla, Advocates.

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versus

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STATE OF NCT DELHI .....Respondent Through: Mr. Hitesh Vali, APP for State with ASI Suresh Chand and SI Prabhukaran, PS: Dwarka South.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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% 19.09.2024

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This petition has been filed for cancellation for NBWs issued on 19^th May, 2022 against the petitioner by MM, Dwarka Courts, New Delhi, in CC No. 3489/2021, proceedings under Section 138 to the Negotiable Instruments Act and the consequent proclamation proceedings under Section 82 Cr.PC, by order dated 28^th February, 2024.

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The petitioner/accused was admitted to bail on 7^th October, 2021, and submitted the surety bonds.

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On 09^th November, 2021, counsel appeared for the accused and stated that the accused persons are not resident in Delhi. Moreover, parties were referred to mediation for exploring possibilities of settlement.

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Counsel for complainant was thereafter present on subsequent dates on

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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 30/09/2024 at 11:53:45

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20.12.2021, 20.01.2022. On 05^th March, 2022 It was noted that mediation has failed between the parties and no one had appeared on behalf of the accused. 5. ON 19^th April, 2022, no one had appeared on behalf of the accused; NBWs were issued. On 24^th March, 2023, fresh process under Section 82 Cr.P.C against the accused was to be executed.

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Thereafter, an application was filed under Section 70(2), C,r.P.C seeking cancellation of non-bailable warrants on 26^th July, 2023. It was stated that the accused had engaged previous counsel, Advocate Siddharth Kaushik to represent the accused and since the mediation proceedings were going on, they were relying on the counsel.

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However, in the meantime, the accused was undergoing treatment for cyst in her brain for the last two years due to which her travelling was restricted and medical reports were also produced. When she was intimated that an NBW had been issued, respondent made several attempts to contact the previous counsel, but he did not respond, therefore, new counsel was appointed.

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On 31^st August, 2023, counsel for the accused was present. It was stated that process will be cancelled only after the accused makes an appearance in person before the Court and deposit costs of Rs. 10,000/- with DLSA Dwarka. The said costs of Rs. 10,000/- was deposited.

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However, on the next date, 28^th February, 2024, despite having connected through the VC, as per the petitioner, presence could not be marked and the petitioner was declared an absconder.

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Counsel for the petitioner states that even while the application under Section 70 (2) of Cr.P.C was pending and the Court is a Digital Court which conducts proceedings through video conferencing, and that the petitioner is

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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 30/09/2024 at 11:53:45

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not resident of Delhi and has a medical condition, Court ought to have shown some leniency before declaring the petitioner as an absconder and directing FIR under Section 174A to be registered against the accused.

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In these circumstances, and having perused the medical records of the petitioner, in the opinion of this Court, considering that the accused has already paid the cost of Rs. 10,000/-, the appearance of the accused can be ensured through Video Conferencing before the Court.

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The accused shall be present before the Court on the next date i.e. 21^st September, 2024 through VC.

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If deemed necessary by the Trial Court, to require the presence of the accused in physically in Court, due accommodation can be given to her medical condition.

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The order dated 28^th February, 2024, stands set aside. The FIR no. 134/2024 registered under Section 174A IPC is accordingly quashed. 15. Counsel for petitioner states on undertaking that the accused shall not be delinquent in appearing before the Court and not delay proceedings on any account whatsoever.

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Petition is disposed of.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 19, 2024/RK

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Click here to check corrigendum, if any

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Rameshwari Jadhav v. State of NCT Delhi

Case brief

What is this about?

What the court decided

Rameshwari Jadhav v. State of NCT Delhi

Case brief

What is this about?

What the court decided

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