Trustline Securities Ltd. Formerly Known as K and a Vs Premlata Gupta & Anr. — Delhi HC (2025) — LawSathi Research

Trustline Securities Ltd. Formerly Known as K and a Vs Premlata Gupta & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 02.09.2021 set aside; complaint restored to its original number on payment of total cost of Rs. 20,000/- to the respondents; matter to be listed before the learned Trial Court on 26.09.2025; Trial Court directed to issue fresh notice to the respondents; proof of payment of cost to be filed before the Trial Court.

Issue for consideration

Whether the order dated 02.09.2021 dismissing the complaint and acquitting the respondents for the complainant's non-appearance ought to be set aside and the complaint restored

Court's answer

Although there was some lapse on the part of the petitioner, the impugned order was passed during the period when the Courts had been lenient in regard to pending proceedings on account of the onset of COVID-19.

Ratio / Principle

One last opportunity ought to be granted to the petitioner to pursue his complaint, on adequately compensating the respondent.

Key takeaways

The impugned order dated 02.09.2021 is set aside and the complaint is restored to its original number, subject to the petitioner paying a total cost of Rs. 20,000/- to the respondents.ratio¶15

Detailed headnote1 paragraphs

Criminal leave to appeal under Section 378 CrPC against an order of the Metropolitan Magistrate, Patiala House Courts (CC No. 18201/2016) dated 02.09.2021, by which the complaint was dismissed and the respondents were acquitted on account of the complainant's non-appearance. Holding that while there had been some lapse on the petitioner's part, the impugned order was passed during the period when courts were lenient owing to the onset of COVID-19, the Delhi High Court (Amit Mahajan, J.) granted one last opportunity to the petitioner to pursue the complaint: the impugned order was set aside and the complaint restored to its original number, subject to payment of Rs. 20,000/- as total cost to the respondents, with the Trial Court directed to issue fresh notice to the respondents and list the matter on 26.09.2025.

$~18

* IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.L.P. 260/2022 & CRL.M.A. 10987/2022 TRUSTLINE SECURITIES LTD FORMERLY KNOWN AS K AND A .....Petitioner Through: Mr. Deepak Kunwar, Advocate.

versus

PREMLATA GUPTA & ANR. .....Respondents Through: None.

CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 20.08.2025

The present leave to appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘CrPC’) against the order dated 02.09.2021, passed by the learned Metropolitan Magistrate04 ( ‘MM’ ), Patiala House Courts, New Delhi in CC No. 18201/2016.

The complaint was dismissed and the respondents were acquitted on account of non-appearance of the complainant on 02.09.2021.

Undisputedly, there has been some lapse on part of the petitioner. However, it is also true that the impugned order was passed during the period when the Courts had been lenient in regard to the pending proceedings on account of onset of COVID-19.

None appears for the respondent despite service.

In the opinion of this Court, one last opportunity ought to be granted to the petitioner to pursue his complaint on adequately

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 25/08/2025 at 11:51:50

compensating the respondent.

In view of the above, impugned order dated 02.09.2021 is set aside and the complaint is restored to its original number on the petitioner paying a total cost of ₹20,000/- to the respondents. 7. List before the learned Trial Court for further proceedings on 26.09.2025.

The learned Trial Court is directed to issue fresh notice to the respondents before proceeding further in the matter. 9. The proof of payment of cost shall be filed before the learned Trial Court.

The order be communicated to the concerned Principal District & Sessions Judge for compliance and listing before the concerned Court.

AMIT MAHAJAN, J

AUGUST 20, 2025 DU

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 25/08/2025 at 11:51:50